论刑事诉讼鉴定意见质证价值的实现

On the Implementation of the Confrontation Value of Expert Opinions

新刑诉法将八种证据之一的"鉴定结论"修改为"鉴定意见",旨在消除鉴定结论带给人们的"权威性"感受,还原其实质特性,同时,也说明鉴定意见需要像其他证据一样经过严格的法庭质证程序,最终由法官判定其可采性及证明力大小,科学有效地实现鉴定意见在诉讼中的价值。研究鉴定意见法庭质证必要性、内容、参与的主体,以及进一步讨论鉴定意见质证实现的制度保障,有助于最大程度平衡控、辩、审三方的各自价值取向,最终保障质证程序的顺利开展和价值内涵的实现。

“Expert conclusion”, one of the eight evidences, has been changed to be “expert opinion” in the new Criminal Procedure Law. It focuses on removing the sense of “authority” given by “expert conclusion” and restoring its nature as well. At the same time, it shows that expert opinions need to go through the strict procedure of evidence discovery system, just like other evidences, and finally get decided by judges about their admissibility and probative force, so that they can realize their value scientifically and effectively in lawsuit. To study the necessity, contents and subjects of the evidence discovery system of expert opinion, as well as the system guarantee for realizing the confrontation, can balance the respective value orientation of the prosecutor, the defendant and the trial to the most degree, and finally ensure the implementation of confrontation procedure and value connotation.