关键词: 司法鉴定管理权, 管理权下沉, 司法鉴定立法, 权责清单

Abstract: The reform of China’s forensic appraisal management system is facing the contradiction between an increasingly growing demand for standardized and unified management and the unordered and decentralized management supply. Over the past ten years of the “delegation of powers, improvement of regulation, and optimization of services” reform, the decentralization of forensic appraisal management power has, to a certain extent, solved the drawback of insufficient management supply in the old management system. However, in the reform, problems have emerged, such as the absence of an ability assessment for the main bodies undertaking administrative licensing rights, the lack of a legal basis for the delegation of administrative penalty powers, inconsistent contents of the decentralized management power, and non-unified ways of decentralizing the management power. There is an urgent need for unified management rules for forensic appraisal to make effective regulation. Therefore, when formulating the “Forensic Appraisal Law”, it is necessary to consider four aspects: constructing a pre-entrustment evaluation and demonstration procedure, supplementing the legal basis for delegation, clarifying the content of the decentralized management power, and unifying the ways of decentralizing the management power. This is expected to absorb the practical effects of the local decentralization reform and improve the quality and efficiency of forensic appraisal management.

Key words: administrative management power of forensic appraisal, decentralization of management power, legislation on forensic appraisal, power and responsibility list