司法鉴定改革之我见

A New Look at the Reform of Juridical Judgment

“司法鉴定”应当有广义和狭义两种定义;狭义的司法鉴定应当在审判活动中由法庭启动;侦查机关的刑事技术鉴定属于侦查措施———只能从广义上理解成司法鉴定。我国司法鉴定改革应当立足于中国国情,考虑当前的诉讼制度和社会经济与文化背景,做到公正、高效、有利于维护法律秩序。建议通过立法理顺体制、规范管理,并建立“三级鉴定”制和“存疑举证”制。

There are two kinds of definitions of “juridical judgment”in a broad sense and a narrow one. In the narrow sense, the court should carry out the juridical judgment during the trial. The criminal technique judgment taken in the investigation department belongs to the investigation measure——just in the broad sense can be understood in this way. The reform of the juridical judgment in China should be established in our situation, taking nowadays procedure system and social economy and culture background into accounts, achieving fairness, efficiency, and keeping order in law. It is advised that by law making we can coordinate systems, standardize managements, and build up “tri-levels judgment”system and “open proof”system.