Notice issued by the two departments: strictly standardize the judicial expertise involving insurance claims

2021-11-29

Strictly regulate the judicial expertise involving insurance claims Notice jointly issued by the general office of the Ministry of justice and the general office of the China Banking and Insurance Regulatory Commission Recently, the general office of the Ministry of justice and the general office of the Bank of China Insurance Regulatory Commission jointly issued the notice on regulating the judicial appraisal of insurance claims (hereinafter referred to as the notice), which put forward clear requirements for regulating the judicial appraisal of insurance claims (hereinafter referred to as the legal appraisal of insurance claims). The circular points out that in recent years, the majority of judicial expertise institutions and insurance institutions have conscientiously performed their duties, actively acted, and effectively safeguarded the legitimate rights and interests of the people and social fairness and justice. However, there are still problems such as non-standard and dishonesty in insurance related judicial expertise. *** "Judicial scalpers" and "black box operations", resolutely crack down on all kinds of violations, improve the service capacity and service level of the insurance industry, improve the quality and credibility of judicial expertise, and earnestly safeguard the legitimate rights and interests of insurance consumers. Notice It is emphasized that we should further strengthen supervision and management and standardize practice behavior. First, we should adhere to fairness and compliance, and judicial appraisal institutions and judicial appraisers shall not be subject to illegal interference by any unit or individual, and shall not accept other people's property, accept food, issue false appraisal opinions, seek improper interests and other illegal acts; insurance institutions and parties shall not interfere with the independence of judicial appraisal institutions I. practice fairly, and shall not collude with judicial expertise practitioners, relevant organizations or individuals to manipulate insurance related judicial expertise for profit; insurance institutions shall not sign cooperation agreements with judicial expertise institutions, and employees of insurance institutions shall not concurrently serve as judicial appraisers in violation of regulations. Second, advocate joint entrustment, negotiate the selection of judicial expertise institutions and jointly confirm the appraisal materials; if no consensus can be reached, both parties shall be punished Can be randomly selected from the roster of judicial appraisers and judicial appraisal institutions announced by the judicial administrative organ; before issuing the appraisal opinion, the insurance institution and / or the parties shall not entrust another appraisal on the same appraisal matter. Third, it is encouraged to witness at the scene. If conditions permit, the insurance institution shall send personnel to witness at the scene and sign on the relevant materials for confirmation; If the insurance institution and the party concerned do not cooperate with the appraisal without justified reasons, they shall bear the corresponding legal consequences. Notice It is required that the judicial administrative organs at all levels strengthen communication and exchange with the banking and insurance regulatory authorities at the same level and build a long-term mechanism. It is necessary to build an information sharing mechanism, timely provide and update the roster of judicial appraisers and judicial appraisal institutions, the contact information of insurance institutions and relevant regulatory information; it is necessary to build a notification and consultation mechanism, and establish notification and consultation of major cases and major issues related to insurance judicial appraisal Mechanism, jointly study and solve new situations and problems in insurance related judicial expertise; build a dispute resolution mechanism, unblock the channels for accepting complaints and reports, establish and improve the dispute mediation mechanism, give full play to the advantages of experts and actively resolve contradictions; build a joint law enforcement mechanism, and severely crack down on "judicial scalpers" through joint law enforcement, entrusted law enforcement and cross law enforcement in different places Use appraisal to commit insurance fraud and other illegal acts. (reporter Zhao Jie) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:Rule of law daily

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