论专门性问题的诉讼证明

Lawsuit Testimony on Special Issues

基于我国现行诉讼法关于专门性问题证明的制度缺陷 ,笔者认为 ,应对鉴定人的产生、鉴定活动、鉴定内容和范围的确定以及法庭对专门性问题的审查、判断等问题加以规范和完善 ,允许和吸收其他同行专家参与对专门性问题的证明活动 ,监督和保障专门性问题证明和采信的公开性、科学性、规范性 ,保证证明结果的准确性和公正性。

Based on the defects in testimonial regulations on special issues of the current lawsuit in China, the thesis holds the view that such issues as mentioned above must be standardized and perfected as the presentation of the expert witness, the action of the expert testimony, the definition on the content and the range of the expert testimony, and the observation and the judgment of the special issues by court. other experts for the activity of the special issue of testimony being permitted and recruited, supervising and guaranteeing openly and scientifically and regularly the special issues testimony and acceptance, the accuracy and the fairness of the testimonial results may be guaranteed.