鉴定人出庭质证规则的比较分析

A Comparative Analysis of the Rules of Cross-examination of Expert Witnesses

我国法律已经确立了鉴定人出庭接受质证的原则,但由于缺乏具体的规定,实践中鉴定人不出庭的现象十分普遍,对于司法公正产生了不利的影响。为此,应借鉴两大法系的立法,确立鉴定人出庭、陈述、质证内容以及专家辅助人参与质证等,并建议修改民事诉讼法时予以体现。

The recent legislation of China has established the principle of cross-examination of expert witnesses in civil procedure. However, it is quite often in practice that expert witnesses do not appear in hearing because of lack of detailed rules, which has adverse influence to judicial justice. In my opinion, China should refer to the advanced legislations in both Civil Law System and Common Law System, and establish the rules of appearing in court testimony for expert witnesses, the content of cross-examination of expert witnesses, and the rules of expert assistants participating in cross-examination. All these should also be reflected in the next amendment of the Civil Procedure Law of China.