Measures of the Ministry of Justice on the Administration of the Registration of Judicial Authenticators

Measures of the Ministry of Justice on the Administration of the Registration of Judicial Authenticators

Order of the Ministry of Justice [2005] No. 96

September 29, 2005

According to the provisions of Article 16 of the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication, the Measures for the Administration of the Registration of Judicial Authenticators, which were adopted by the State Council, are promulgated for implementation on September 30, 2005. The Measures for the Administration of the Registration of Judicial Authenticators (Order No.63 of the Ministry of Justice) as promulgated on August 14, 2000 shall be simultaneously abolished.

Minister Wu Aiying

Measures for the Administration of the Registration of Judicial Authenticators

Chapter I General Provisions
　
Article 1 The present Measures are formulated according to the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication and other relevant laws and regulations for the purposes of intensifying the administration of judicial authenticators, regulating the activities of judicial authentication, establishing a uniform administrative system of judicial authentication, meet the litigious requirements of judicial organs, citizens and organizations, guarantee the litigious rights of the parties concerned, and promote the impartiality and efficiency of justice.
　
Article 2 Where a judicial authenticator undertakes the practice of judicial authentication as prescribed in Article 2 of the Decision of the Standing Committee of the National People's Congress on Issues Concerning the Administration of Judicial Authentication, it shall be governed by the present Measures.
　
Article 3 The term "judicial authenticator" as mentioned in the present Measures refers to a person who carries out authentication and makes judgment on the special problems relating to a litigation by applying scientific techniques or special knowledge, as well as raises relevant legal opinions.
A judicial authenticator shall meet the requirements as prescribed in the present Measures and obtain the Judicial Authenticator's Practice License upon the examination and registration of the administrative organ of justice at the provincial level to undertake the practice of judicial authentication according to the type of judicial authentication as registered.
A judicial authenticator shall undertake his practice in a judicial authentication institution.

Article 4 A combined administrative system of administrative management and industrial management shall be adopted for the administration of judicial authentication.
The administrative organ of justice shall offer guidance to judicial authenticators and carry out administration, supervision and examination on their practice. The industrial association of judicial authentication shall carry out self-discipline administration according to law.
　
Article 5 The state adopts a uniform system of registration upon examination, roster formulation and roster announcement for judicial authentication institutions and judicial authenticators.

Article 6 A judicial authenticator shall undertake judicial authentication activities in a scientific, objective, independent and impartial manner, observe the provisions of the relevant laws and provisions, abide by professional ethics and disciplines, and comply with the regulations on the administration of judicial authentication.

Article 7 A system of withdrawal, confidentiality, time limit and responsibility for wrong authentication shall be adopted for the practice of judicial authenticators.

Chapter II Administrative Organs
　
Article 8 The Ministry of Justice shall take charge of the administrative work of the registration of judicial authenticators and perform the following functions and duties according to law:
1. Guiding and supervising the work of administrative organs of justice at the provincial level regarding the examination and registration, roster formulation and roster announcement of judicial authenticators;
2.
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