双管齐下:从鉴定制度和诉讼程序两个方面保障鉴定质量

Guarantee Appraisal Quality from the Appraisal System and Litigation Procedure

鉴定质量是鉴定活动及鉴定意见的生命线。鉴定活动及鉴定意见事关鉴定制度和诉讼程序两个方面,要提升、保障鉴定质量必须双管齐下,多措并举。首先,要从鉴定机构的设置和鉴定人的准入上把好潜在鉴定主体的关。其次,要在鉴定的启动和鉴定人的选任上,充分尊重并尽力协调诉讼各方的意愿特别是当事人的意愿,把好现实鉴定主体的关。最后,应当理性看待鉴定意见的证据地位,打破其"科学证据"的光环,回归"意见证据"的原本地位,依法充分保障诉讼各方的质证权,特别是针对鉴定意见的专家辅助质证权,确保定案的鉴定意见质量不出问题,有效防止由其导致的冤错案件。

The appraisal quality is the lifeline of appraisal activities and appraisal opinions. The appraisal activities and ap- praisal opinions are concerned with two aspects： the appraisal system and the litigation procedure. To improve and guarantee the appraisal quality, we should work along both lines and take multiple measures. First, we should control the setup of appraisal institutions and the admittance of appraisers so as to check on the potential appraisal organs. Second, in the startup of appraisal and the empanelment of appraisers, we should fully respect and endeavor to coordinate the wills of the parties in the litigation, especially the litigants, to check on the actual appraisal organs. Finally, we should reasonably regard the evidence status of appraisal opinions, break its halo of ＂scientific evidence＂, and return to its original status as ＂opinion evidence＂. We should fully safeguard each party＇s right to cross-examination according to law, especially the right of cross-examination against appraisal opinions with the expert＇s help, and guarantee the quality of appraisal opinions to effectively prevent misjudging cases caused by it.