To No. 1 Intermediate People's Court, No. 2 Intermediate People's Court, No. 3 Intermediate People's Court, No. 4 Intermediate People's Court in Beijing, and Beijing Intellectual Property Court,
To the people's courts of all districts and Beijing Internet Court,
To the relevant departments of Beijing High People's Court,
For the purposes of further optimizing the business environment in Beijing, strengthening the supervision and guidance of professional institutions for appraisal and evaluation, raising the level of appraisal and evaluation work, improving the quality and efficiency of trial execution, strengthening judicial disclosure and promoting judicial justice, it was deliberated and decided at the 12th meeting of the judicial committee of Beijing High People's Court in 2020 that relevant information disclosure system for professional institutions for appraisal and evaluation will be implemented citywide since April 30. The Opinions of Beijing High People's Court on Disclosing the Relevant Information of Professional Institutions for Appraisal and Evaluation (Trial) are hereby issued for your earnest implementation based on your actual conditions.
Beijing High People's Court
April 30, 2020
Opinions of Beijing High People's Court
on Disclosing the Relevant Information of Professional Institutions for Appraisal and Evaluation
For the purposes of deeply implementing the decision-making and arrangements of the Central and Municipal Committees on optimizing the business environment, strengthening the supervision and guidance of professional institutions for appraisal and evaluation (hereinafter referred to as the "professional institutions"), raising the level of appraisal and evaluation work, improving the quality and efficiency of trial execution, strengthening judicial disclosure and promoting judicial justice, the Opinions herein are formulated in line with the relevant provisions of the Decision of the Standing Committee of the National People's Congress on the Administration of Judicial Expertise, the Opinions of the Supreme People's Court on Further Deepening Judicial Openness and the Regulations on Optimizing Business Environment in Beijing and on the basis of the actual work of Beijing courts.
I. General Requirements
1. Guiding ideology. Guided by the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will fully adhere to the spirit of the 19th CPC National Congress and the Fourth Plenary Session of the 19th CPC Central Committee. We will follow the principle of impartial administration of justice and justice for the people, respond to the people's demand, standardize the work of judicial appraisal and evaluation, and implement the "five opennesses" system of relevant information of professional institutions, trying to make people feel fairness and justice in every judicial case.
2. Significance. The disclosure of relevant information of professional institutions for appraisal and evaluation is a practical demand for accepting social supervision and improve the transparency of appraisal and evaluation. It is an important measure for the people's courts to improve the level of litigation services, build a modern litigation service system, and improve the quality and efficiency of trial execution.
3. Basic principles. The disclosure of relevant information of professional organizations for appraisal and evaluation shall follow the principles of "timeliness, accuracy, standardization, and convenience", and guarantee the rights of the parties involved, litigation agents to know, participate in, express, and supervise the appraisal and evaluation work.
II. Main Contents
4. Method of disclosure. The information platforms such as the "Beijing Court Trial Information Network" will be relied on for courts in Beijing to disclose the relevant information of professional institutions included in the "Register of Professional External Institutions Entrusted by Beijing Courts" (hereinafter referred to as the "Register").
5. Contents to be disclosed. The "Five Opennesses" system of the relevant information of professional institutions will be established to take the basic information, business information, external evaluation information, periodic assessment information of professional institutions and channels to make complaints as the key contents of disclosure.
6. Basic information of professional institutions. Such basic information as the names, business addresses, registered capitals, contact methods, business scopes, qualifications, and charge details of the professional institutions in the register will be disclosed to facilitate the inquiry of the parties involved, litigation agents and the public, precisely locate their business competitiveness and learn about the charging situation of each appraisal and evaluation item.
7. Business information of professional institutions. Such business information of the professional institutions as the annual number of court entrustments, the average appraisal and evaluation cycle, and the method of institution selection will be disclosed to provide effective references for the parties involved to select a professional institution through consultation.
8. External evaluation information of professional institutions. The information of external evaluations on professional institutions by representatives and experts of relevant fields recommended by NPC deputies, CPPCC members, bar associations and industry associations will be disclosed to drive professional institutions to improve their business competence and services.
9. Periodic assessment information of professional institutions. The annual assessment results of professional institutions will be disclosed as a major basis for the people's courts to make dynamic adjustments to the register and as useful references for strengthening public administration and self-regulation.
10. Channels to make complaints to the people's courts. Information such as complaint hotline and mobile micro-court shall be disclosed to the parties involved or litigation agents, and complaints and reports of suspected violations of laws and regulations by the professional institutions in the register shall be accepted and handled promptly so as to improve the quality and efficiency of appraisal and evaluation.
III. Collaboration Mechanism
11. Improving the regular consultation mechanism. Communications and coordination with competent administrative departments and industry associations shall be deepened to conduct regular consultation and appraisal of relevant matters and priority work, circulate the results of assessments, complaints and reports, suspected violations of laws and regulations, so as to improve the standardization level of professional institutions.
12. Consummating the information sharing mechanism. System interconnection and data sharing with competent administrative departments and industry associations shall be strengthened to gradually realize interconnectivity and resource integration with the competent administrative departments and industry associations, so as to improve the data utilization efficiency.
IV. Guarantee Measures
13. Defining work responsibilities. The Litigation Service Office of Beijing High People's Court shall be responsible for supervising, guiding, managing and coordinating the appraisal and evaluation work entrusted to external professional institutions in the register, regularly summarizing, reviewing, reporting and releasing the basic information, business information, assessment and other relevant information of professional institutions, effectively strengthening the practical application of the results of the assessment on professional institutions. The litigation service departments of intermediate and primary courts shall strengthen communication and coordination, widely collect the opinions and suggestions of judges, parties involved and litigation agents on professional institutions and professionals, and accurately summarize and submit relevant information.
14. Reinforcing technical supports. IT means including big data and cloud computing shall be fully leveraged to realize the deep integration of the open platforms and the judicial system, improve the ability to respond to social concerns in a timely and accurate manner, and improve the level of intelligent service.
15. Attaching importance to publicity. Multiple media channels shall be fully leveraged to publicize the implementation progress of the disclosure of information related to professional institutions for appraisal and evaluation, guide parties involved and the public to better grasp the methods of obtaining judicial disclosure and improve social influence.
16. Strengthening training and guidance. Demand-oriented training and exchanges shall be conducted to strengthen the classification training and work guidance of the information disclosure system, improve cognitive level and ability to apply of the professional organizations, professionals, parties involved, litigation agents and judges and strive to achieve the best results of information disclosure.