鉴定文书效力的法理分析——关于鉴定文书加盖公章的思考

Basic Jurisprudence of Expert Testimony Effect

鉴定文书加盖公章才具有法律效力,具有相应的法律依据,它在表明鉴定主体合法性、鉴定文书制作程序规范性和鉴定结论的可采性方面具有重要意义。但这些意义只是相对的,加盖公章可能模糊鉴定主体法律义务和法律责任的承担、可能无法落实鉴定结论的法庭调查方法、可能使得鉴定人职业资格制度面临巨大挑战。不能把上述论题只当作鉴定文书格式的问题,应从鉴定人制度改革、鉴定权的合理配置以及鉴定结论的采纳采信等方面来把握。

The practice that expert testimony does not have legal effect until it is affixed with an official seal has corresponding legal grounds, which is of great significance in proving the legality of the testimony subject, the normality of its preparation process and its admissibility. On the other hand, however, the practice is likely to obscure the legal duties and liabilities of the testimony subject, make it difficult to carry out its courtroom investigation, and challenge the professional qualification system of expert witness. The affixation is not to be taken as a document normality issue, but to be dealt with in the light of expert witness system reform, rational distribution of its right and its admission.