论当事人自行委托鉴定的结论性质

On the Nature of Experts' Conclusion Delegated by a Party in Action

允许当事人自行委托鉴定是保障诉讼权利的必要 ,但这种鉴定结论不属于法律规定的鉴定结论 ,可作为证人证言对待 ,其规范的名称应为“咨询意见书”。这样处理与定位有利于提高诉讼效率 。

Allowing a party in action to delegate identification is a necessity for safeguarding the right of lawsuit.But such kind of experts' conclusion is not subject to the experts' conclusion provided by law. It can be used as witness' testimony, and the standard name of it should be “Advisory Paper'. Such treatment and orientation are good to enhancing the efficiency of litigations and conducting effective cross-examination.