论我国司法鉴定结论的质证制度
内容摘要 我国诉讼法习惯于将鉴定人视为“中立的参与人”,将鉴定结论视为科学结论,而对鉴定结论作为证据的另一个侧面——主观性认识不足,这就直接妨碍了鉴定结论证据作用的发挥。面对鉴定机构越来越走向社会化和经营化的现状,面对司法实践中鉴定人出庭难的现实,及我国在鉴定结论质证程序中存在的诸多问题,本文通过分析比较两大法系制度后借鉴其对此制度的成功经验,提出我国应当建立和完善鉴定人出庭作证的具体制度和一系列配套制度的设想。 关键字:司法鉴定结论;质证;质证程序
Research the system of Appearance at court of Judicial appraisal conclusion Abstract: The Chinese Procedure Laws used to regard appraiser as "an indifferent participant" and the appraisal conclusion as scientific conclusion, but under-estimated the subjectivity of appraisal conclusion, which obstruct its full function as legal evidence. Based on the situation that the appraise organization become more and more privatized and profit-oriented as well as the real诉that the appraiser hardly appear at the court, this article by learning from the successful experiences of the major legal systems, proposes to establish and perfect a concrete systems, including a series of support systems, to enforce the appraiser's appearance obligation. Key Words: Judicial appraisal conclusion;appearance at court;procedure of appearance at court 无忧论文 【http://www.uklunwen.com】 |
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