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Measures of Kunming Municipality on the Administration of Price Certification of Articles Involved in Cases
Article 1 In order to strengthen the management of price appraisal of articles involved, safeguard national interests, protect the legitimate rights and interests of citizens, legal persons and other organizations, and ensure the objectivity and fairness of price appraisal of articles involved in judicial and administrative law enforcement, these Measures are formulated in accordance with relevant national laws and regulations and combined with the actual situation of our city. Article 2 These Measures shall apply to the price appraisal and management of the articles involved in the case within the administrative area of Kunming. Article 3 The term "price appraisal of goods involved" as mentioned in these Measures means that the price appraisal institution established by the competent price department of the government is entrusted by the state judicial organs and administrative law enforcement organs (hereinafter referred to as the entrusting organs) to determine the price fairness of tangible assets, intangible assets and traffic accident property losses (hereinafter referred to as the goods involved) in criminal, civil, economic and administrative cases. Article 4 The competent price department of Kunming City is the competent department in charge of price appraisal of articles involved in the case in this Municipality, and the price appraisal institution established by it is a specialized institution entrusted by the city to handle the price appraisal of articles involved in the case. County (city), district government price administrative departments in accordance with the provisions of the management authority, responsible for the management and supervision of the local area involved in the price certification of goods, the price certification institutions set up by the county-level entrusting organs involved in the price certification of goods specialized agencies; If a price certification institution is not established, it shall be handled by the competent price department of the county government. Article 5 The price verification of articles involved shall follow the principles of objectivity, impartiality and timeliness. Article 6 Price verification shall be conducted in accordance with the procedures, methods and standards stipulated in the Administrative Measures for the Valuation of Detained, Recovered and Confiscated Articles of the State Planning Commission, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security. Article 7 The price appraisal of articles involved in the case shall be subject to unified management and graded responsibility. In the work of price appraisal of the articles involved, major cases can be handed over to the price appraisal institution of the articles involved at the next higher level for handling.

If the matters involved in the price appraisal entrusted by the county-level entrusting organ to the local price appraisal institution are not within the jurisdiction, the entrusted institution shall transfer the case to the price appraisal institution established by the price department of Kunming for handling. Article 8 The price appraisal of cultural relics, calligraphy and painting, stamps, precious metals, jewels and jade and other special articles and their products involved in the case shall be conducted after the price appraisal institution entrusts relevant departments to organize experts to conduct appraisal according to legal procedures. Ninth projects involving government pricing or government guidance prices shall be certified according to the effective price set by the price department on the certification base date; If it is a market-adjusted price, it shall be certified according to the reasonable price level of the local market on the certification benchmark date.

Where laws and regulations provide otherwise, such provisions shall prevail. Article 10 If the entrusting organ needs to appraise the price of the articles involved, it shall submit a power of attorney to the price appraisal institution, and truthfully provide relevant materials and objects. The power of attorney shall specify the name, place of origin, specification, model, quantity, production and purchase time, storage place (time and place when the criminal suspect obtains stolen goods in criminal cases), the purpose and time limit requirements of price certification, the benchmark date of price certification, the name of the person in charge, and affix the seal of the entrusting organ. Eleventh price certification institutions shall carefully examine the contents of the entrustment when accepting the entrustment of certification. Those that meet the requirements of laws, regulations and certification shall be accepted in a timely manner; If the entrustment requirements are inconsistent with the opinions of the certification body, it shall be negotiated with the entrusting body.

From the date when the entrusting organ is notified to decide to accept the case, the price certification institution shall generally make a price certification conclusion within five working days; If the special matters involved in the case have another agreed time limit, they shall be completed within the agreed time limit. Article 12 The price of the goods involved is Certification staff. Only after obtaining the Qualification Certificate of People's Republic of China (PRC) Price Personnel or the Qualification Certificate of Yunnan Price Evaluation can we engage in price certification.

Price certification shall be undertaken by two or more certification staff, and the certification conclusion shall be audited by the person in charge of the certification body. Thirteenth price Certification staff in any of the following circumstances, should be avoided; The entrusting organ may also apply to the price certification body for withdrawal:

(a) the parties to the case or their close relatives;

(2) Having an interest in the case;

(3) Having other relations with the parties to the case, which may affect the impartial appraisal.

The avoidance of price Certification staff is decided by the person in charge of the price certification institution; The withdrawal of the person in charge of the price certification institution shall be decided by the administrative person in charge of the price department. Article 14 After completing the price authentication, a price authentication institution shall issue a price authentication certificate for the articles involved to the entrusting organ. The conclusion should include the following contents: name, place of origin, specification, quantity, price certification basis, certification purpose, certification base date, certification method, certification process summary, certification conclusion, explanation of relevant issues, operation date, Certification staff name and its certification certificate number, signature of the person in charge, seal of the price certification institution, etc. Article 15 If the entrusting organ has any objection to the price appraisal certificate of the articles involved, it shall submit a written application for supplementary appraisal or re-appraisal to the original appraisal institution within 15 days after the certificate is served (except during the litigation); After the supplement or re-certification, if there are still objections, please review the ruling in the price certification institution of the articles involved set up by the price department of the provincial government.

If the parties to the case disagree with the conclusion of the price appraisal of the goods involved, they shall make a request to the entrusting organ within 15 days (except during the litigation period), and the entrusting organ shall decide whether to make a supplementary appraisal, re-appraisal or review ruling according to the situation.