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Jing Gao Fa Fa [2020] No. 121

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, and Beijing Intellectual Property Court;

To the people's courts of all districts and Beijing Internet Court;

To relevant departments of the Beijing Municipal High People's Court:

To fully implement the arrangements of the CPC Central Committee, the Municipal Party Committee and the Supreme People's Court on further optimizing the business environment, strengthen supervision, guidance, management and coordination over the appraisal and evaluation conducted by entrusted professional organizations, improve the quality and effectiveness of appraisal and evaluation, ensure the smooth execution of trials, establish judicial authority and realize judicial justice, Beijing Municipal High People's Court has deliberated and adopted the Measures of Beijing Municipal High People's Court for Assessing the Appraisal and Evaluation Conducted by Entrusted Professional Organizations (Trial) at the 7th meeting of the judicial committee in 2020. The document is hereby issued for your careful implementation to ensure the effectiveness of the entrusted appraisal and evaluation work.

The Circular is hereby given.

Beijing Municipal High People's Court

March 20, 2020

Measures of Beijing Municipal High People's Court on Assessing the Appraisal and Evaluation Conducted by Entrusted Professional Organizations (Trial)

Article 1 [Purpose] To strengthen Beijing courts' supervision, guidance, management and coordination over the entrusted appraisal and evaluation work, improve the quality and efficiency of such work, optimize the business environment in accordance with the law, and support the execution of trials, the Measures are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on the Administration of Judicial Expertise, the Regulation of the Supreme People's Court on the Administration of Entrusted Appraisal, Evaluation and Auction, the Opinions of the Supreme People's Court and the Ministry of Justice on Establishing a Linkage Mechanism for the Administration and Use of Judicial Expertise, and the Regulation of Beijing Municipal High People's Court on the Authorized Appraisal and Evaluation (Trial), and in light of the specific conditions of Beijing courts.

Article 2 [Assessment System] Beijing courts shall implement the assessment and dynamic management system of professional organizations regarding the entrusted appraisal and evaluation work. The litigation service departments of the courts at all levels and the judges who initiate the appraisal and evaluation process are, through the Integrated Authorization Platform of Beijing Courts (hereinafter referred to as the Authorization Platform), responsible for conducting assessment and dynamic management of professional organizations on the List of Professional Organizations Authorized by Beijing Courts (hereinafter referred to as "the List") in terms of their business capability, work quality, service level, professional ethics, practice discipline and good faith.

Article 3 [Assessment Methods] The assessment of professional organizations shall be legitimate, standardized, objective and fair, and shall be conducted in the way of combining the assessment on a case-by-case basis with comprehensive assessment, and the real-time assessment with the annual assessment.

Article 4 [Assessors and Responsibilities] The Litigation Service Office of Beijing Municipal High People's Court is responsible for the assessment of the professional organizations in the List as well as the collection, review, release and application of the results.

The litigation service departments of the intermediate and people's primary courts shall be responsible for the assessment of the professional organizations they entrusted in the List as well as the collection, review and report of the results.

The judges who initiate the appraisal and evaluation process shall be responsible for the assessment of the professional organizations accepting the entrustment.

Article 5 [Assessment Basis] The assessors shall conduct such assessment based on the information contained in the entrustment platform, appraisal and evaluation documents, written materials issued by administrative authorities or industrial associations, letters provided by the parties or entrusted agents and other relevant materials.

Article 6 [Assessment Object] Professional organizations are those contained in the List which are engaged in forensic science, physical evidence, audio-visual materials, environmental damage, real estate appraisal, asset appraisal, project cost, accounting & audit and other categories of appraisal.

Article 7 [Assessment Content] The assessment is carried out on an annual basis, and consists of three parts: case assessment, basic assessment and comprehensive assessment, with a total score of 100 points. Specifically, the case assessment is 50 points, including efficiency, quality, management and effect indicators; the basic assessment is 20 points, including standard procedure and work coordination indicators; the comprehensive assessment is 30 points, including information filling, complaint handling, external evaluation, appraisal cycle and positive cooperation indicators.

Article 8 [Case Assessment] Every case needs case assessment. A judge who initiates the appraisal and evaluation will conduct real-time assessment on a professional organization when the case involving execution is concluded. The professional organization's score is the total score of case assessments assigned by Beijing courts divided by the total number of the cases participating in the assessment.

Case assessment begins when the professional organization receives the power of attorney letter from the court and ends with the finished trial of the case.

Article 9 [Basic Assessment] The basic assessment is conducted by intermediate and people's primary courts on a professional organization accepting the entrustment of the people's courts within the assessment period. The professional organization's score is the total score assigned by the intermediate and people's primary courts on the basis of the professional organization's annual work performance divided by the total number of the participating courts.

Professional organizations that not accepting the entrustment of the courts within the assessment period shall not be included in the assessment.

Article 10 [Comprehensive Assessment] The comprehensive assessment is conducted by the Beijing Municipal High People's Court on all the professional organizations contained in the List within the assessment period. The score is assigned by the Beijing Municipal High People's Court according to the comprehensive performance of the professional organizations in the List.

Article 11 [Annual Assessment] The annual assessment results contains the scores generated by the Beijing Municipal High People's Court by directly adding the scores of case assessment, basic assessment and comprehensive assessment and the corresponding comprehensive ranking. Such results shall be published regularly to an extent accessible.

The annual assessment period is as of January 1 to December 31 of a year.

Article 12 [Objections to Assessment] If a professional organization has any objection to the score of the annual assessment, it shall, within 5 working days from the date of publication of the assessment result, file a written objection with the Beijing Municipal High People's Court and provide supporting documents. The Litigation Service Office of Beijing Municipal High People's Court will conduct the review and give a timely reply.

Article 13 [Serious Talk and Rectification] Where a professional organization or individual is under any of the following circumstances, the Beijing Municipal High People's Court shall promptly arrange a serious talk with the organization or individual and urge it to rectify the existing improper acts or prominent problems within a prescribed time :

i. The information reported or complained by the party concerned or its authorized agent is true;

ii. Repeatedly refusing to accept the entrustment from a people's court without justified reasons;

iii. The annual assessment ranking of the professional organization involved in relevant category is at the bottom of its category (other categories of appraisal is excluded);

iv. Other circumstances requiring a serious talk with the court and rectification.

The professional organization that has been summoned a serious talk and ordered to make rectification shall find out the reasons for the detected problems and formulate measures. It shall submit the rectification report to the Beijing Municipal High People's Court within the prescribed time, and make effective rectification within a time frame.

Article 14 [Suspension of entrustment] Where a professional organization or individual is under any of the following circumstances, after being reviewed, the organization or individual shall be subject to suspension of courts' entrustment for a period of time arranging from 3 months to 1 year depending on the severity of the circumstance according to relevant procedures:

i. Failing to pass the inspection after the expiration of the rectification period;

ii. Accepting entrustment of the people's courts beyond its permitted scope of business;

iii. Failing to withdraw while knowing that it ought to;

iv. Refusing to testify in court without justified reasons upon written notice of the people's courts;

v. Failing to complete the appraisal and evaluation within the prescribed or agreed time without justified reasons, where the circumstance is severe;

vi. The annual assessment ranking of the professional organization involving in relevant category is at the bottom of its category for two years in a row among three years (other categories of appraisal is excluded);

vii. Accepting money or monetary gifts and entertainment from the parties or their interested parties or conduct any other violation of professional ethics and practice disciplines

viii. Subject to administrative punishment by the competent administrative authority;

ix. Other circumstances that ought to be suspended of accepting the court's entrustment.

Article 15 [Removal from List] Where a professional organization or individual is under any of the following circumstances, after being reviewed, the organization or individual shall be removed from the List depending on the severity of the circumstance according to relevant procedures:

i. Failing to truthfully report its situation where it no longer meets the requirements of the List due to its significant changes, and causing serious consequences;

ii. The annual assessment ranking of the professional organization involving in relevant category is at the bottom of its category for three years in a row (other categories of appraisal is excluded);

iii. Revoking its appraisal opinion or report which has been accepted without the permission of the people's court and without justified reasons;

iv. False appraisal and evaluation through malicious collusion or deliberate act;

v. Other situations stipulated by laws, regulations, judicial interpretations, etc.

Any professional organization that has been removed from the List may not apply to the Beijing Municipal High People's Court for into the List within three years.

Where a professional organization or individual is suspected of violating the law or committing a crime during the appraisal and evaluation entrusted by a court, the case shall be transferred to the relevant authority for handling according to the law.

Article 16 [Use of Information Technology] With the purpose of real-time generation and automatic extraction of assessment data, a sound assessment function shall be established on the Entrustment Platform to realize information-based, standardized, refined and dynamic assessment.

Article 17 [Discipline Supervision] The responsibility system for assessment shall be strictly implemented and resolutely eradicate the fraud and the practice of playing favoritism and committing irregularities in assessment. Assessment-related problems reported by professional organizations shall be verified and handled in a timely manner.

Article 18 [Scope of Application] This Measures shall be referred to the assessment of the professional organizations entrusted by courts during the phase of mediation.

Where there are other provisions in laws, regulations or judicial interpretations concerning the entrustment of the people's court, such provisions shall prevail.

Article 19 [Authority in Charge of Interpretation] The Beijing Municipal High People's Court shall be responsible for the interpretation of this Measures.

Article 20 [Date of Implementation] This Measures shall come into force as of the date of promulgation. If the relevant provisions promulgated by the Beijing Municipal High People's Court before are inconsistent with this Measures, this Measures shall prevail.