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Notice of Shanghai Municipal Bureau of Justice and Shanghai Municipal Development and Reform Commission on Issuance of Administrative Measures for Judicial Authentication Charges of Shanghai

Publishing department: Shanghai Municipal Bureau of Justice&Shanghai Municipal Development and Reform Commission   |   Date published: Oct 12, 2016   |   Hits:28,379

HSG (2016) No. 1

 

TO: All District and County Justice Bureaus, Development and Reform Commissions and Judicial Authentication Institutions:

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, the Administrative Measures for Judicial Authentication Charges of Shanghai has been promulgated for implementation.

Shanghai Municipal Bureau of Justice

Shanghai Municipal Development and Reform Commission

June 20, 2016


 

Administrative Measures for Judicial Authentication Charges of Shanghai

 

Article 1 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, the method has been promulgated in accordance with the Price Law of the People’s Republic of China, Decisions of the National People’s Congress on Management Issues in Judicial Authentication, General Principles for Judicial Authentication Procedures, Shanghai Municipal Price Catalogues and other regulations.

Article 2 Judicial authentication charges refer to the behaviors where the judicial authentication institution uses scientific knowledge or expertise to identify, determine and give opinions on litigation-related special issues under authorization and collects service fees accordingly from the parties involved or the principal.

The judicial authentication institution referred herein means the judicial authentication institution examined by and registered with municipal people’s government. 

Article 3 Judicial authentication charges shall be collected under open, fair, honest, creditable, equal and paid principle.

Article 4 Judicial authentication charges are subject to government referential price and market-adjusted price, respectively, according to different kinds of authentication items. 

Article 5 For charging standard for judicial authentication under government referential price, Shanghai municipal judicial administration and municipal price administration shall together work out reasonably the Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items (see Appendix 1) in favor of the sustainable development of the judicial authentication service and in view of social acceptability.

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 (see Appendix 2 for identification criteria), 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.

Article 6 Charges for judicial authentication items not listed in the Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items shall be subject to market-adjusted price through consultation between the judicial authentication institution and the principal. The following factors shall be taken into account when judicial authentication charges are determined through consultation between the judicial authentication institution and the principal:

1) cost for judicial authentication;  

2) difficulty in judicial authentication;

3) affordability of the principal;

4) risks and responsibilities possibly borne by the judicial authentication institution and the principal;

5) social reputation and competence of the judicial authentication institution and practitioner; and,

6) charging standard for similar judicial authentication items

In case the price administration of the State Council or Shanghai has promulgated provisions on certain industry-related judicial authentication charges, except for judicial and material evidences and audio-visual information, these provisions shall prevail.

Article 7  If judicial authentication institution decides to accept authentication cases under authorization, a power of attorney for judicial authentication shall be signed with the principal, indicating the charging items, criteria, term of payment, amount of payment, way of settlement, dispute settlement and other articles.  

Article 8 If judicial authentication institution invites experts to provide consulting service during performing judicial authentication for complex, difficult and socially influential cases, the consulting fees shall be in principle paid by the judicial authentication institution, unless otherwise agreed by the principal in writing. In case the principal agrees to pay the additional expert consulting fees, it shall be clearly indicated in the power of attorney.

Article 9 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. 

The travel expenses as mentioned above shall be agreed with the principal and clearly indicated in the power of attorney.

Article 10  Expenses for traffic, accommodation, overtime meal, and loss of working time happened to the judicial practitioner when he or she 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 on the basis of the actual situations through consultation between the two parties. 

Article 11 In general, judicial authentication charges shall be paid by the principal. Where the principal is to pay the charges, it shall be clearly indicated on the power of attorney or receipt.

Judicial authentication charges and other expenses shall be collected uniformly by the judicial authentication institution, and no other charges shall be collected from the principal or the person involved privately by judicial practitioner. 

Article 12 Judicial authentication institution shall issue legal vouches to the principal in collecting judicial authentication charges.

In collecting other related expenses from the principal, judicial authentication institution shall provide cost list or legal vouches to the principal.

If no such cost list or legal vouches is provided, the principal can refuse to pay.

Article 13 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.

Article 14 Judicial authentication institution shall practice marked price system, make public and put under social supervision the charging management method, 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.

Article 15 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 consultation or apply for arbitration or lodge a suit to the people’s court.

Article 16 If any citizen or organization finds the judicial authentication institution commits price offence, it can report and complain the same to the judicial administration and price administration of the place where the judicial authentication institution is located. 

Article 17 Municipal judicial administration and price administration shall strengthen supervision and inspection over judicial authentication charges.

Any price offence committed by any judicial authentication institution or practitioner shall be subject to administrative punishments by governmental judicial administration and price administration by law.

Article 18 The method shall be interpreted by Shanghai Municipal Bureau of Justice and Shanghai Municipal Development and Reform Commission.

Article 19 This Method shall be implemented from July 1, 2016 and remain valid for 5 years. The Notice of Shanghai Municipal Development and Reform Commission and Shanghai Municipal Bureau of Justice on Implementing the Circular of the National Development and Reform Commission and Ministry of Justice on Issuing and Printing Administrative Measures for Judicial Authentication Charges (HFGJF (2009) No. 010) will be rescinded at the same time.  

 

Appendices:

1:Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items

2:Identification Criteria of Shanghai for Difficult, Complex and Socially Influential Judicial Authentication Cases

 


Appendix 1: Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items 

Basic Catalogue and Charging Standard for Shanghai Judicial Authentication Items

1. Forensic Identification 

Category 

S/N

Charging Item 

Unit 

Charging Standard

(Yuan)

Remark

(1)

Forensic pathological identification

1

Early cadaver surface examination

body

750

Within 24h after death, including photos and videos 

2

Late cadaver surface examination

body

1500

After 24h after death, including photos, videos; additional 50% charged for highly rotten corpse

3

Early forensic autopsy 

Body

3750

Within 24h after death, including photos, videos, cadavers surface examination, cause of death, manner of death, antemortem injury, postmortem injury, identification of lethal instrument, exclusive of histological examination and poison analysis

4

Late forensic autopsy

Body 

6000

After 24h after death, including photos, videos, cadavers surface examination, cause of death, manner of death, antemortem injury, postmortem injury identification of lethal instrument, exclusive of histological examination and poison analysis

5

disinterment of a corpse for autopsy

Body

9000

including photos, videos, cadavers surface examination, cause of death, autopsy, manner of death, time of death, antemortem injury, postmortem injury identification of lethal instrument, exclusive of histological examination and poison analysis

6

antemortem / postmortem injury identification

Case

1500

Suitable for only this identification

7

(lethal instrument identification

Case

1500

Suitable for only this identification

8

Viscera diatom testing

case

750

 

9

Single-organ histological examination and identification

Case

750/1500 

1500 Yuan per case for heart/brain organ per case, 750 Yuan per case for other organs

10

Multiple organ histological examination and identification

Case

4500

 

11

histopathological sections examination

Piece

105

 

12

Special staining technique

Piece

150

Such as special histological stain, histochemical stain, immunohistochemistry stain, immunofluorescent staining and others

13

Electron microscopic pathological examination

Sample 

450

electron microscope, immuno-electron microscope, scanning electron microscopy, etc.

14

Corpse x-ray examination

Piece

120

 

15

corpse CR examination

Piece

225

 

16

Forensic onsite examination 

Case

1500

Scene investigation, collection of material evidence, scene reconstruction

17

Examination of forensic  pathological expertise documents

Case 

1800

 

(2)

Forensic clinical identification

18

assessment of injury severities

Case

450/1050

450 Yuan per case if only superficial injury severity is involved. Including living body examination and photos, exclusive of expenses for auxiliary medical examination

19

Appraisal of disablement degree 

Case

1050

Including living body examination and photos, exclusive of expenses for auxiliary medical examination

20

Injury-disease relationship identification 

Case

1500

ibid

21

Malingering and feigning injury identification

Case

2250

ibid

22

Medical dispute authentication

Case

6450

ibid

23

Work capacity appraisal

Case

1050

ibid

24

Living body age appraisal

Case

1200

ibid

25

Male sexual function appraisal

Case

1050

ibid

26

Hearing function appraisal 

Case

1050

ibid

27

Visual function appraisal

Case

1050

ibid

28

Deduction of lethal instrument and manner of injury

Case

1350

ibid

29

Evaluation of medical expense rationality

Case

900

ibid

30

Evaluation of medical treatment fees in later stage

Case

900

ibid

31

Evaluation of medical care dependence

Case

900

ibid

32

Lost labor, nursing and alimentary period evaluation 

Case

900

ibid

33

Treatment time evaluation

Case

900

ibid

34

Examination of forensic clinical identification document

Case

1200

ibid

 

(3)

Forensic evidence identification 

35

Body fluid (semen) stain confirmatory test

Sample

150

 

36

genus serological test

Sample

150

 

37

ABO blood-type serological test

Sample

225

 

38

red cell enzyme serological test

Sample

225

Fees charged per each type of enzyme examined

39

leucocyte groups serological test

Sample

1200

 

40

serum protein serological test 

Sample

225

Fees charged per each type of enzyme examined

41

ABO blood-type DNA examination

Sample

750

 

42

Autosome DNA examination

Sample

1200

At least 15 loca examined for each sample; fees doubled for duo paternity test; additional 750 Yuan per sample charged for skeleton, teeth and nails; no additional charges for gender test examined at the same time

43

Y chromosome DNA examination

Sample

1800

At least 15 loca examined for each sample; fees doubled for duo paternity test; additional 750 Yuan per sample charged for skeleton, teeth and nails

44

X chromosome DNA examination

Sample

1800

At least 15 loca examined for each sample; fees doubled for duo paternity test; additional 750 Yuan per sample charged for skeleton, teeth and nails

45

Mitochondrial DNA testing

Sample

2250

 

46

Genus DNA testing

Sample

1500

 

47

Genetic DNA testing

Sample

750

 

48

Plant and animal DNA testing 

Sample

3000

Exclusive of human DNA testing 

49

Other judicial authentication

Sample

450

Other loca not included in the kit; fees charged per each locus examined 

50

Examination of forensic material evidence authentication documents

Case

750

 

(4) Forensic toxicology identification

51

Ethanol qualitative/ quantitative analysis in human body fluids

Sample

450

 

52

Carboxyhemoglobin saturation testing in blood

Sample

450

 

53

Quantitative analysis of drug abuse using hair

Sample/ target object

1800

Quantitative analysis required, additional 50% charged for each sample/ target object

54

Toxicant/ drug quantitative analysis (in vitro)

Sample/ target object

1200

Quantitative analysis required, additional 50% charged for each sample/target object

55

Common volatile poison analysis

sample/target object

1500

Quantitative analysis required, additional 50% charged for each sample/target object

56

Common organic poison analysis

sample/target object

1500

Quantitative analysis required, additional 50% charged for each sample/target object

57

Common inorganic poison analysis

sample/target object

1500

Quantitative analysis required, additional 50% charged for each sample/target object

58

Common toxic animal and plant compound analysis

sample/target object

3150

Quantitative analysis required, additional 50% charged for each sample/target object

59

Examination of forensic poison authentication documents

Case

1200

 

(5)

Forensic anthropology identification

60

photographic superimposition examination

Case

1800

 

61

Skull-facial portrait

Case

1500

 

62

Skull-facial sculpture

Case

750

 

63

Skeleton individual identification

Case

1500

 

64

Anthropologic bone age appraisal

Case

1500

 

65

Examination of forensic anthropologic authentication documents

Case

750

 

(6)

Forensic psychiatric identification

66

Mental state appraisal

Case

900

Including intellectual disability appraisal, medical diagnosis of mental disorders, etc.

67

Criminal capacity evaluation

Case

2250

Including capacity for responsibility, competence of serving a sentence, sexual self defense capacity, etc.

68

Civil capacity evaluation

Case

2250

Including capacity for civil conduct, labor capacity, etc.

69

Litigation capacity evaluation

Case

1500

Including competency to stand trial, competency of witness, capacity to action, etc.

70

Forensic psychiatric cause-effect expertise

Case

3000

Including identification of mental loss, mental disability appraisal, identification of mental injury and mental illness, etc.

71

Multichannel  psychophysiological examination appraisal

Case

3000

 

72

Examination of forensic psychiatric expertise documents

Case

1500

 

Note: If auxiliary medical examination is required for items in (2) Forensic clinical identification and (6) Forensic psychiatric identification, additional charges will be collected in accordance with the charging criteria for relevant medical services formulated by local price administration.

2. Material Evidence Identification

Category 

S/N

Charging Item 

Unit 

Charging Standard

(Yuan)

Remark

(1)

Forensic document identification

1

handwriting authentication

item

1500

For property-related cases with target amount not exceeding 100,000 Yuan, the charging standard listed in the left column shall apply; for the part exceeding 100,000 Yuan but less than 500,000 Yuan, charged at 1%; for the part exceeding 500,000 Yuan but less than 1 million Yuan, charged at 0.8% ; for the part exceeding 1 million Yuan but less than 5 million Yuan, charged at 0.4%; for the part exceeding 5 million Yuan but less than 10 million Yuan, charged at 0.2%; for the part exceeding 10 million Yuan, charged at 0.1%.

2

Stamp and seal identification

item

1500

3

Identity and homology authentication of printing documents

item

1800

 

4

Documentation method identification

Piece

1800

 

5

Printing machine identification

piece

1800

 

6

Documentation time identification

item

3300

 

7

Identification of sequences of crossed writings and seal stamps

item

3300

8

Forged document identification

item

1800

9

Stained document identification

item

1800

10

Document, certificate and voucher authentication

Piece

1800

11

handwriting indentation revealing

Piece

1500

12

Document material identification

item

1500

13

Forensic document identification and examination

case

1200

(2)

Trace Identification

14

Handprint identification

Piece

1200

For property-related cases, charging as the same above

Trace identification is all calculated by number of materials examined rather than by sample size

 

15

Footprint identification

Piece

1020

Trace identification is all calculated by number of materials examined rather than by sample size

 

16

Tool mark identification

Piece

1275

ibid

17

Bullet and shell trace identification

Piece

1320

ibid

18

Identification of performance and injury force of guns

Piece

1500

ibid

19

ballistic analysis identification

Case

1500

ibid

20

Gun and bullet inspection and filing

Piece

300

ibid

21

Animal hoof marks identification

Piece

1170

ibid

22

separation trace identification

Piece

945

ibid

23

Key trace identification

Piece

960

ibid

24

Textile trace identification

Piece

975

ibid

25

Broken glass trace identification

Piece

975

ibid

26

Tooth trace identification

Piece

1275

ibid

27

Lip trace identification

Piece

975

ibid

28

Skin grain trace identification 

Piece

1275

ibid

29

Auricle trace identification

Piece

975

ibid

30

Vehicle wheel mark identification

Piece

1275

ibid

 

31

Vehicle trace identification

Vehicle

1500

ibid

32

Chemical revealing of vehicle number

Case

570

ibid

 

33

Trace revealing

Piece

600

ibid

34

Physical object and photo identification

Piece

900

ibid

35

Object bursting/blasting trace identification

Piece

1500

Ibid

 

36

Common explosive identification 

Item

1500

ibid

37

Safety fuse and detonating fuse identification

Section

1200

ibid

38

Flash and electric detonator identification 

Section

1500

ibid

39

Standard grenade and hand grenade identification 

Item

1200

ibid

40

Detonator device identification 

Item

3000

ibid

41

Examination of trace identification documents 

Case

1200

 

 

42

scanning electron microscopy /x-ray EDS component test (quantitative)

Sample

690

 

43

scanning electron microscopy /x-ray EDS comparison test

Case

1500

 

 

(3)

Authentication of minor trace evidence using physical and chemical examination

44

scanning electron microscopy /x-ray EDS component test for gunshot and explosive residues

Sample

1800

 

45

Fourier micro infrared spectrometer component test

Sample

525

 

46

Fourier micro infrared spectrometer component comparison test

Case

975

 

 

47

polarization microscope test 

Sample

300

 

48

thin-layer chromatography test

Sample

300

 

49

Raman spectrometer ( laser ) test

Sample

600

 

 

50

( laser ) plasma emission spectrometer/ mass spectrometer component test

Sample

1050

For more than 5 elements, additional 150 Yuan charged for each additional element

 

 

 

 

51

( laser ) plasma emission spectrometer/ mass spectrometer component comparison test

element

450

For quantitative test, additional 50% charged for each element

52

gaschromatograph / mass spectrometer test

Sample

600

For quantitative test, additional 50% charged for each sample/target object

53

splitting decompositiongaschromatograph / mass spectrometer test

Sample

525

ibid

54

Gaschromatograph test

Sample

450

ibid

55

Differential thermal analyzer/Thermogravimetric analyzer test 

Sample

450

ibid

56

X ray fluorescence spectrophotometer test

Sample

525

ibid

57

X ray diffractometer test

Sample

600

ibid

58

ion chromatograph or ion chromatograph/ mass spectrometer test

Sample

525

ibid

59

Identification document examination of trace evidence physical and chemical examination

Case

1200

 

3. Audio-Visual Information Identification

Category 

S/N

Charging Item 

Unit 

Charging Standard

(Yuan)

Remark

(1)

Electronic data authentication

1

Hard disc test

GB

30

Include desktop hard disc, laptop hard disc, mobile hard disc

2

Server test

GB

45

Include disc array cabinet, network hard disc, etc.

3

CD and DVD disc authentication

Piece

300

 

4

USB flash disk and storage card authentication

Piece

450

Include SIM card

5

Soft disc authentication

Piece

150

 

6

Electronic device inspection and authentication

Piece

900

Include recording pen, fax machine, electronic scale and similar electronic devices

7

Storage media physical troubleshooting

Part

1350

Include change of magnetic head and motor and PCB board, processing of bad fans and others

8

Mobile phone body examination

Piece

1350

 

9

Registry examination and expertise

Piece

1500

 

10

Software consistency examination and expertise 

100 program lines 

180

 

11

Software function examination

Piece

2250

Charge per each software examined

12

Document consistency examination and expertise

Pair

1200

 

13

Database data recovery

Piece

5250

 

14

Database consistency examination and expertise 

Pair

6300

 

15

Other electronic data examination and expertise

MB

7.5

Include network data packets 

16

Password cracking

Piece

2250

 

17

Field data acquisition

GB

12

 

18

Network data acquisition

Access hour

390

 

19

CD source examination

Piece

900

 

20

CD recorder examination

Piece

1200

 

21

Review of authentication documents of electronic evidences

Case

1800

 

(2)

Audio-visual material identification

22

Speaker identity confirmation in recording materials

Person

3300

 

23

Identification of recording materials

Piece

1800

Charged per 20 minutes

24

Authentication of recording material authenticity and integrity

Piece

3000

Charged per 20 minutes

25

Noise reduction processing of recording materials

Piece

2700

Charged per 20 minutes

26

Voice analysis test 

Piece

1200

Charged per 20 minutes

27

Recording device inspection

Piece

900

 

28

Identification of recording material identity 

Piece

3300

 

29

Identification of recording materials 

Piece

1350

 

30

Identification of authenticity and integrity of video materials

Piece

2250

Charged per 20 minutes

31

Blurred image processing of video materials

Piece

2700

 

32

Identity of image materials

Piece

2700

 

33

Identification of image materials

Piece

1200

 

34

Identification of authenticity and integrity of image materials

Piece

2250

 

35

Blurred image processing of image materials

Piece

1500

 

36

Portrait identification

Piece

1200

 

37

Special optical technical test

Piece

750

 

38

Multi-(hyper-)spectral test

Piece

1200

 

39

Computer-aided portrait combination

Piece

750

 

40

Manual simulated portrait

Piece

1200

 

41

Manual head reconstruction sculpture

Piece

3000

 

42

Computer simulated head reconstruction

Piece

1500

 

43

Review of audio-video material authentication documents

Piece

1800

 

 


Appendix 2:

Identification Criteria of Shanghai for Difficult, Complex and Socially Influential Judicial Authentication Cases

1. Any case that conforms to any of the following can be identified as difficult, complex and socially influential judicial authentication case:

1) Major case involving foreigners, case endangering national security, case involving terrorist activity;

2) Case possibly sentenced to life imprisonment and death penalty or involving huge amount of civil compensation;

3) Case authorized by people's court at or above the intermediate level, provincial (directly-controlled municipal, autonomous regional) people’s procuratorate and their branches, and provincial (directly-controlled municipal, autonomous regional) public security bureau;

4) Case involving multiple disciplines or requiring for laboratory testing;

5) Case involving special sample testing;

6) Case requiring for authentication for more than twice (exclusive); and,

7) Case still having major disputes after cross-examination by the forensic practitioner at court.

2. Whether a case is difficult, complex and socially influential shall be determined by the judicial authentication institution and clearly indicated in the power of attorney for judicial authentication. The practitioner undertaking judicial authentication for difficult, complex and socially influential cases shall have senior professional title of related discipline (except for those where there is no senior professional title available for the related discipline).

3. When judicial authentication institution accepts judicial authentication for difficult, complex and socially influential cases and collects relevant charges according to relevant provisions, the judicial authentication institution shall notify the same to the principal in writing and obtain the confirmation by the principal.