司法鉴定人制度研究

A Research on the Appraiser System

鉴定人在英美法系国家作为当事人的“专家证人”与证人共存于证人规则框架之下,在大陆法 系国家作为法官的“科学辅助人”被纳入准司法官员的范畴内,两大法系形成了各有利弊的鉴定人制度。我 国的鉴定人制度虽与它们不同,但在基本精神、法律性质等方面仍有相似之处,应在对两大法系鉴定人制度 和我国现行的鉴定人制度综合分析的基础上,根据人大常委会《决定》确立的思路,建构科学、合理、有效的 鉴定人制度。

Together with lay witness, the appraiser of the common law, being as the expert witness of client, is controlled by the rule of witness. The appraiser of the civil law, being as scientific assistant, is affiliated with justice. They have become two appraiser systems with their own strong or weak points. China＇s appraiser system is the same as them in the basic thought and legal nature as well as being different from them. We should reform and perfect China＇s appraiser system to build a scientific, reasonable and efficient one on the basis of analyzing China＇s and foreign appraiser systems.