鉴定结论的采信

Admission of Expert Evidence

鉴定结论的采信应当坚持合法、公开、客观和全面的原则。鉴定结论合法性标准包括主体适格和程序合法两方面,建立我国的采信规则,应在科学性标准上借鉴国外一些专家关于证据可采新标准。同时,对于鉴定结论的采信必须在裁判文书中说明理由。

In the admission of expert evidence, legal, opening, objective and overall principles must be followed. The legitimate standard concludes two contents, one is that the experts must be appropriate; the other is that the procedure must be legitimate. On the scientific standard, the Standard of Admissibility of Scientific Evidence in U.S. will be helpful to make our admission rules. In addition, the reasons why those expert evidences were admitted must be explained in the judgments.