Notice on Giving Full Play to the Function of Forensic Evaluations in Supporting the Special Action on Combatting the Trafficking of Women and Children

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English中文(简体)

司办通〔2022〕50号

To all provincial, autonomous region, or directly governed municipality Justice Departments (Bureaus) and the Justice Bureau for the Xinjiang Production and Construction Corps:

Notice of the following matters is hereby given as follows in order to thoroughly implement the spirit of General Secretary Xi Jinping's import instructions, to earnestly implement the allocation requirements of the State Council Inter-ministerial conference video conference, to give full play to the functional role of forensic evaluations, to actively assist the public security organ's special action to combat the trafficking of women and children, to resolutely safeguard the lawful rights and interests of women and children, and to preserve social harmony and stability.

1. Strengthen coordination and cooperation. All judicial administration organs should actively connect with public security, civil affairs, and other departments to strengthen work communication and information sharing, and promptly provide information on forensic evaluation insitutions and evaluators offering paternity testing. Where case handling organs encounter complex, difficult, or special technical issues in carrying out the "counter-trafficking" action, and need to conduct paternity testing, they should actively coordinate the support and cooperation of evaluation with evaluation institutions that are capable and creditworthy. In accordance with laws and regulations, the relevant evaluation institutions should be guided to provide files and leads related to paternity testing of parties in a case to support the case-handling organs in strictly punishing human trafficking crimes in accordance with law. The relevant evaluation institutions should be urged and guided to earnestly look into parties whose identity is in question from paternity testing that was entrusted in recent years, as well as case leads on suspected trafficking and other crimes in handling operations, and promptly report to the public security organs.

2. Regulate the conduct of operations. System regulations such as the General Principles of Judicial Evaluation Procedures (Decree No.132 Ministry of Justice) and the Emergency Notice of the General Office of the Ministry of Justice on Strictly Regulating the Efforts Related to Paternity Testing by Forensic Evaluation Institutions (No.100 [2020] MoJ Office) should be earnestly implemented, to guide and oversee evaluation institutions' standardized paternity testing operations. Strengthen the management of credentials, earnestly checking the scope of evaluation insititutions' and evaluators' operations, and ensuring that they possess the ability to engage in paternity testing operations. Urge evaluation institutions to be strict in the entrustment and acceptance of paternity testing, earnestly verifying the party's identity information to ensure it is truthful and valid; be strict in the collection, storage, and use of evaluation materials, to ensure that requirements are met in all stages from receipt, transfer, retention, handling, storage, preservation, return, and sorting; be strict in the implementation procedures for evaluations, earnestly completing filing, aggregation, and custodianship; and strictly regulate operational publicity, strictly prohibiting illegal publicity or solicitation of business or agents.

3. Strictly investigate violations of laws and regulations. 要按照常态化整治顽瘴痼疾要求,结合教育整顿、专项治理、“双随机、一公开”监督抽查、投诉举报等发现的问题及线索,全面排查亲子鉴定业务隐患,对于存在问题的,要责令整改,整改完成后方可继续开展亲子鉴定业务。 对于鉴定机构和鉴定人从事亲子鉴定业务存在违法违规行为的,一律先暂停执业,依法依规给予行政处罚,情节严重的撤销登记,涉嫌犯罪的移送司法机关。 要严厉打击“司法黄牛”对亲子鉴定业务的干预和渗透,健全完善鉴定机构受理鉴定委托规则,严防虚假鉴定意见“洗白”拐卖行为。 严禁鉴定机构和鉴定人与“司法黄牛”接触,对于参与拐卖妇女儿童黑色产业链的,一律依法依规从严从重惩处。 要严格落实干预司法鉴定记录和报告制度,加强定期检查和情况通报。

All judicial administration organs should strictly implement responsibility systems for ideology, putting in place a system for reporting major cases and public sentiment, strengthening monitoring of public sentiment on forensic evaluations, and promptly and appropriately addressing negative public opinion. Clear channels for publishing information, making policy and regulatory information open as required, expanding the force of positive publicity, and creating a healthy developmental environment. This Notice should be promptly transferred to relevant forensic evaluation institutions and evaluators, guidance and oversight should be strengthened and implementation measures refined, to ensure that each item is truly implemented in place.

Please promptly report any important situations and issues in implementation to the Ministry of Justice's Bureau for the Administration of Public Legal Services

Office of the Ministry of Justice
April 13, 2022

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