建立新型司法鉴定制度和体系刍议

On Establishing New System of Judicial Expertise

司法鉴定结论作为确定事实的法定证据,对诉讼、仲裁、行政执法等公正性起着重要乃至决定性作用。但现行司法鉴定体制存在许多弊端,使之公信力下降,导致司法公正的不能实现。因此提出建立与司法改革发展相适应的新型司法鉴定制度十分重要。

As the legal evidence which determines facts, judicial expertise plays an important role, even a decisive role in the impartiality of lawsuit, arbitration and enforcement of administration law. However, our current system of judicial expertise has many disadvantages that lower its public credibility and fail to attain the objective of judicial impartiality. This paper dis-cusses that we should establish new system of judicial expertise fitting in with the needs of the development of our judicial re-form.