我国刑事司法鉴定中程序正义的缺失及其完善

On the Lack and Improvement of Procedural Justice of China＇s Criminal Judicial Authentication

司法鉴定作为现代司法证明活动中查明案件事实的一种重要方法和手段,在诉讼活动中的作用越来越重要,而司法鉴定程序作为一种法律程序,必须建立在程序正义的理念之上.但在我国刑事司法鉴定中存在着诸多问题,影响了刑事审判的正当性,这也是改革和完善司法鉴定制度亟需解决的弊端.

Judicial authentication, being an important method to ascertain the facts in modern judicial cases, is becoming more and more important in litigation activities. Its procedures, being a legal process, should be established on the concept of pro- cedural justice. However, many problems which exist in China＇ s criminal judicial authentication, affect the legitimacy of the criminal trial and have become the shortcomings which need be overcome in the judicial system reform and improvement.