The Ministry of Justice ("MOJ") has recently issued the Administrative Measures for the Registration of Forensic Authentication Institutions (Revised Draft for Comment) (the "Draft for Comment") and the Administrative Measures for the Registration of Forensic Experts (Revised Draft for Comment) to seek public comments by September 15, 2019.
The Draft for Comment provides that forensic authentication are subject to both administrative management and industry management. The MOJ takes the responsibility for administering the registration of nationwide forensic authentication institutions, while provincial administrative departments of justice take charge of administering the registration of forensic authentication institutions located within their respective administrative regions. Further, the Draft for Comment notes that forensic authentication institutions shall establish the practicing risk fund system, or take out the practicing liability insurance for forensic authentication activities. The forensic authentication permit will be valid for a period of five years which starts from the date when the permit is granted. Moreover, the Draft for Comment touches upon the legal liability that a forensic authentication institution shall take for its illegal activities, the provincial administrative department of justice or the municipal administrative department of justice of a city with districts or of a municipality directly under the Central Government shall give it a warning according to law, and order it to take corrective actions or confiscate its illegal gains.