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七月 17,2018

Interpretations to Administrative Measures for Judicial Authentication Charges of Shanghai

Publishing department: Shanghai Municipal Bureau of Justice   |   Date published: 十月 12, 2016   |   Hits:27,488

Issue Date: August 9, 2016

1. Why is the Administrative Measures for Judicial Authentication Charges of Shanghai formulated?

Answer: In accordance with the Decisions of the Standing Committee of the National People’s Congress on Issues Concerning Judicial Authentication Management and the unified arrangement of the National Development and Reform Commission for delegating administration on charging standard for judicial authentication, Shanghai Municipal Bureau of Justice and Shanghai Municipal Development and Reform Commission have jointly formulated the Administrative Measures for Judicial Authentication Charges of Shanghai (“the Method”) in order to standardize the charging for judicial authentication in Shanghai, safeguard the legal rights of the principals, the parties involved and judicial authentication institutions, and promote the healthy development of judicial authentication service.

2. What are charges for judicial authentication?

A: Judicial authentication charge refers to the service fee that judicial authentication institution require its litigant or client to pay when it accepts Power of Attorney legally, and uses scientific knowledge or expertise to identify, determine and offer opinions on litigation-related specialized issues.

3. Are charging standard for judicial authentication all formulated by governmental authorities?

A: Judicial authentication charges are subject to government referential price and market-adjusted price, respectively, according to different kinds of authentication items. Catalogue management is practiced for judicial authentication items under government referential price. The Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items lists the judicial authentication items (total 174 items) managed under government referential price and the charging standard thereof. Other judicial authentication items are in principle managed under market-adjusted price.

4. How is the actual charging standard determined for the judicial authentication items managed under government referential price?

A: The actual pricing criteria for the judicial authentication items listed in the Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items shall be determined through negotiation between the judicial authentication institution and the principal, provided that the government referential price shall not be exceeded.

For some difficult and complex judicial authentication cases and those having significant social influence, judicial authentication institution can collect authentication charges no more than twice the standard specified in the Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items after agreement with the principal through negotiation.

Refer to the Identification Criteria of Shanghai for Difficult, Complex and Socially Influential Judicial Authentication Cases for identifying difficult and complex judicial authentication cases and those having significant social influence.

5. How is the charging standard determined for the judicial authentication items managed under market-adjusted price?

A: Specific charging standard is determined through negotiation between judicial authentication institution and the principal while the following factors shall be taken into account: cost for judicial authentication, difficulty in judicial authentication, affordability of the principal, risks and responsibilities possibly borne by the judicial authentication institution and the principal, social reputation and competence of the judicial authentication institution and practitioner and charging standard for similar judicial authentication items.

6. How shall other expenses occurred during judicial authentication process managed?

A: (1) expert consulting fees. Expert consulting fees are in principle borne by the judicial authentication institution. If judicial authentication institution invites experts to provide consulting service for complex and difficult judicial authentication items or those having significant social influence and if the principal agrees to pay such additional consulting fees, it shall be clearly indicated in the power of attorney for judicial authentication.

(2)Travel expenses. Any travel expenses, including traffic, accommodation, dinning and others, happened to the judicial practitioners or working personnel of the judicial authentication institution for non-local authentication practice or obtaining authentication materials in non-local places are not subject to judicial authentication charges and shall be additionally paid by the principal as it is. The travel expenses collected by judicial authentication institution shall be agreed with the principal and clearly indicated in the power of attorney for judicial authentication.

3Other expenses. Expenses for traffic, accommodation, overtime meal, and loss of working time happened to the judicial practitioner when he appears as a witness at the court at the specified date by the court are not subject to judicial authentication charges and could be additionally charged as it is through consultation between the two parties.

7. Shall judicial authentication charge be clearly marked?

A: Judicial authentication institution shall practice marked price system, make public and put under social supervision the charging administrative measures, government referential price criteria, authentication items, charging criteria, pricing method and other expense-related information at conspicuous positions of the office premise, official website and through other channels.

8. What reduction policies on judicial authentication charges are available for people in straitened circumstances?

A: In case a person qualified for legal aids applies for judicial authentication by providing valid certificate issued by the legal aids institution, the judicial authentication charges of the person under legal aids shall be reduced or exempted by the judicial authentication institution.

For persons not qualified for legal aids but having actual difficulty in life, relevant judicial authentication charges can be reduced or exempted by the judicial authentication institution at their own discretion.

9. How shall disputes on judicial authentication charges be solved?

A: In case of any disputes arising out of judicial authentication charges or related thereto, judicial authentication institution shall settle such disputes with the principal through negotiation or apply for arbitration or lodge a suit to the people’s court.

If the judicial authentication institution is found to commits price offence, the same can be reported and complained to the judicial administration and price administration of the place where the judicial authentication institution is located.