鉴定结论质证与质量控制

Examination of Expert Conclusion and Quality Control

鉴定结论的审查判断是鉴定结论适用的核心问题。鉴定结论内涵的"先天科学性"为它披上了天然的证据能力和较高证明力的外衣,但鉴定结论的生成性和主观性要求当事人双方应该对鉴定结论进行质证。质证程序有利于法官认定事实、约束鉴定人的态度和行为以及质量控制的实施。

To examine expert conclusion over evidence is the key point in the application of the evidence. The expert conclusion connoting admissibility and probative force needs quality examination in regard to the generating and subjectivity of the conclusion. To examine the conclusion is conducive to the affirmation of facts by the judge, to the restriction of the experts regarding their attitude and acts, and to the enforcement of quality control.