Justice Ministry Takes Steps To Improve the Independence of Expert Factual Determinations

November 2, 2005

The Ministry of Justice (MOJ) issued Measures on the Registration of Judicial Forensic Centers and Measures on the Registration of Judicial Forensic Personnel on September 30 implementing a February 28 National People’s Congress (NPC) decision barring courts from establishing their own forensics centers to provide expert determinations of fact.

The Ministry of Justice (MOJ) issued Measures on the Registration of Judicial Forensic Centers and Measures on the Registration of Judicial Forensic Personnel on September 30 implementing a February 28 National People’s Congress (NPC) decision barring courts from establishing their own forensics centers to provide expert determinations of fact. The dependence of some courts on the revenue generated from fees raised by these centers has raised concerns regarding judicial fairness, such as the perception that parties may purchase favorable factual determinations from the courts that are responsible for handling their legal disputes. The effort to separate the courts from the management and operation of these centers is a positive step toward judicial reform.

The MOJ regulations detail the qualifications, registration process, and responsibilities of organizations providing expert factual determinations, and list the penalties for courts and centers that fail to comply with the decision. The February NPC decision requires MOJ supervision and certification for all individuals and organizations providing expert determinations of fact.