Strictly regulate the judicial appraisal work involving insurance claims

Notice issued jointly by the General Office of the Ministry of Justice and the General Office of the China Banking and Insurance Regulatory Commission

  Reporter from this newspaper Zhao Jie Recently, the General Office of the Ministry of Justice and the General Office of the China Banking and Insurance Regulatory Commission jointly issued the "Notice on Regulating the Judicial Appraisal of Insurance Claims" (hereinafter referred to as the "Notice"). The work (hereinafter referred to as the judicial appraisal concerning insurance) puts forward clear requirements.

  The "Notice" pointed out that in recent years, the majority of judicial authentication institutions and insurance institutions have seriously performed their responsibilities and acted actively, effectively safeguarding the legitimate rights and interests of the people and social fairness and justice, but there are still problems such as irregularities and dishonesty in insurance-related judicial authentication.

Judicial administrative organs at all levels and all banking and insurance regulatory bureaus should thoroughly study and implement Xi Jinping’s rule of law thought, effectively improve political positions, deeply implement the people-centered development thought, and regard standardizing insurance-related judicial appraisal and strengthening industry supervision as the “we do The specific measures of “Practical Affairs by the Masses”, improve systems and mechanisms, increase supervision, resolutely eliminate “judicial scalpers” and “black-box operations” in insurance-related judicial appraisals, resolutely crack down on various violations of laws and regulations, and improve the service capabilities and service levels of the insurance industry. Improve the quality and credibility of judicial appraisal, and earnestly safeguard the legitimate rights and interests of insurance consumers.

  The "Notice" emphasizes the need to further strengthen supervision and management and standardize practice.

The first is to adhere to fairness and compliance. Forensic appraisal institutions and forensic appraisers are not subject to illegal interference by any unit or individual, and must not accept other people’s property, accept food, issue false appraisal opinions, seek illegitimate interests and other illegal activities; insurance institutions and The parties shall not interfere with the independent and impartial practice of judicial authentication institutions, shall not collude with judicial authentication practitioners, related organizations or individuals to manipulate insurance-related judicial authentication for profit; insurance institutions shall not sign cooperation agreements with judicial authentication institutions, and insurance institution practitioners shall not concurrently serve as judicial experts in violation of regulations .

The second is to promote joint entrustment, the selection of judicial authentication institutions through consultation, and the joint confirmation of authentication materials; if consensus cannot be reached, the two parties can jointly select randomly from the list of judicial authentication persons and judicial authentication institutions announced by the judicial administrative organ; before issuing an authentication opinion, insurance Institutions and/or parties shall not entrust another appraisal on the same appraisal matter.

The third is to encourage the presence of witnesses. When conditions permit, insurance institutions shall send personnel to witness and sign on relevant materials for confirmation;

  If the insurance institution and the party concerned fail to cooperate in the appraisal without proper reasons, they shall bear the corresponding legal consequences.

  The "Notice" requires judicial administrative agencies at all levels to strengthen communication and exchanges with the banking and insurance regulatory authorities at the same level to establish a long-term mechanism.

It is necessary to build an information sharing mechanism to provide and update the roster of judicial appraisers and judicial appraisal institutions, insurance agency liaison information and relevant supervision information in a timely manner; to establish a notification and consultation mechanism, and establish a notification and consultation mechanism for major insurance-related judicial appraisal cases and major issues. Jointly study and resolve new situations and new problems arising in insurance-related judicial appraisal; it is necessary to build a dispute resolution mechanism, unblock the channels for receiving complaints and reports, establish and improve a dispute mediation mechanism, give full play to the advantages of experts, and actively resolve contradictions; it is necessary to build a joint law enforcement mechanism to pass Measures such as joint law enforcement, entrusted law enforcement, and cross-law enforcement in different places have severely cracked down on illegal activities such as insurance fraud by "judicial scalpers" using appraisals.