对我国司法鉴定制度的历史考评

Historical Evaluation on China's Judicial Expertise System

司法鉴定制度是一个历史的进程,它随着政治制度、司法制度的不断更替而进化,随着科学技术发展水平的进步而完善。中国古代司法鉴定的传统观念基础来自于儒家思想体系中关于"天道"与"人道"关系的哲学思考,"天人合一"理论决定了中国古代司法鉴定传统的基本特征和历史面貌。从清朝末年开始,西方国家的法律文化开始影响中国,中国近代司法鉴定制度开始确立。随着1979年现代法制重建,我国三大诉讼法颁布施行,中国现代意义的司法鉴定制度开始逐步建立起来。1998年国务院"三定"方案赋予司法部负责"指导面向社会服务的司法鉴定工作"的职责,使我国司法鉴定制度进入了改革和完善时期。

Judicial expertise system is a historical process, which changed along with political system and judicial system of constant evolution, and improved along with the level of development of science and technology. The basis of traditional concept of judicial expertise in ancient China come from the philosophy on the relationship between ＂Heaven＂ and ＂humanity＂ in Confucian ideology, the traditional basic characteristics and the historical features were identified by the theory of ＂Heaven and Man＂. From the beginning of the late Qing dynasty, the legal culture in China began to affect by Western countries＇ , China＇ s modem judicial expertise system had been build. With the 1979 reconstruction of a modem legal system, China＇ s three major procedural laws promulgated, China＇ s judicial expertise system in the modem sense began to be established. In 1998, the Ministry of Justice was given for guidance for social services of judicial expertise work by the ＂San - ding＂ of State Council, our judicial expertise system has entered into a period of the reforming and improving.