司法鉴定基础理论研究

Research on the Basic Theories Relating to Judicial Appraise

司法鉴定是指在诉讼过程中,由司法机关指派或当事人委托具有专门知识的人对诉讼中的专门性事实问题做出断定的一种活动。它具有法律性、科学性和主观性三个基本特征。人类认识能力的非至上性是司法鉴定的认识论基础;多元价值的冲突与平衡是司法鉴定的价值论基础;社会分工的精细是司法鉴定的社会学基础;科学技术的发展是司法鉴定的自然科学基础。司法鉴定既有保障案件真实发现的工具价值,又承载着实现公正和效率的程序价值。司法鉴定在延伸裁判者对专门事实的认识能力和补强其它证据的证明力上发挥着重要功能。司法鉴定的三个基本构成要素是:鉴定人、鉴定结论和鉴定程序,因此系统、科学、完善的司法鉴定制度应当围绕这三个方面进行构建。

Judicial appraise refers to an action that the expert who has special knowledge or skill in certain field and is appointed by judicial authorities or entrusted by parties gives his opinion about the special fact in case during legal action.It has three main characteristics of legal,science and subject.Judicial appraise is based on following aspects:the limitation of understanding level of human being is its foundation of theory of knowledge,the conflict and balance of variety values is its foundation of theory of value,social division of labor is its social science foundation,and the development of technical is its natural science foundation.Judicial appraise has double values both of instrument and procedure,the former is to find truth,while the later is to carry out justice and efficiency.Judicial appraise also has two function,the one is to extend knowledge level of judge and another is to increase prove force of other evidences.Judicial appraise consists of three elements.They are expert witness,expert testimony,and its procedure,therefore the system of judicial appraise must be established around these aspects.