论完善司法鉴定制度的若干问题

On Improvement of Expert Testimony System

司法鉴定活动对于有效地保障诉讼公正,提高诉讼效率,具有十分重要的意义。司法实践中,对于司法鉴定的属性、司法鉴定权的启动和管理、鉴定人和鉴定机构的资格、鉴定人负责制度和出庭作证的义务等方面尚有待于进一步的探索和改革。对于司法鉴定中存在的问题应采取的对策:一是要认真按照《决定》的规定,理顺司法鉴定实践中存在的矛盾和问题;二是要尽快制定鉴定人资格体系和行业准入管理制度,把司法鉴定制度纳入法制化、正规化建设轨道;三是要逐渐实行鉴定职业化、社会化。

Expert testimony is of vital importance to ensuring a fair litigation and enhancing its efficiency. In judicatory practice, further explorations and reforms are necessary in terms of the attributes of expert testimony, the startup and the supervision of the power of expert testimony, the eligibility of the judge and the judging institution, and the responsibility of the judge and his duty of appearing in court as a witness. The measures to be taken are as follows： First, it is imperative to comply with the Resolution and get over the inconsistence and problems in practice. Secondly, it is urgent to establish a judge eligibility system and an administration system of profession admittance so as to legalize and normalize expert testimony. Thirdly, it is necessary to professionalize and socialize expert testimony.