论建筑工程司法鉴定实践中的若干问题

Several Problems of Judicial Identifi cation Practice in Building Engineering

自2000年我国司法鉴定业施行规范化管理以来,社会化的建筑工程类司法鉴定业一直方兴未艾,同时也出现了许多值得进一步探讨的问题。以笔者十余年的司法鉴定实践为基础,结合我国现行的法律法规和建筑工程专业特点,从司法鉴定内涵与外延、鉴定委托书与鉴定申请书的关系、司法鉴定周期的确定原则、鉴定方案的必要性、设计图纸的地位、采用标准的原则、追溯既往与行业惯例、鉴定内容的确定原则、鉴定报告的理想目标、征求意见稿等具有全局性和普遍性的问题进行论述。

Since judicial identification industry implemented standardized management in 2000,the industry in building engineering had just been unfolded,and meanwhile,lots of problems which were worth discussing further had been also coming forth during the period. Based on the author’s judicial identification practice for more than 10 years,and combined with the current laws,regulations and the characteristics of building engineering,discussed the global and universal problems such as the connotation and denotation of judicial identification,the relationship between letter of entrustment and application,the principle to set the time limit,the necessity of identification scheme,the status of design drawings,the principle to adopt standard, history data and industry practice,the principle to set content,the ideal goal of report and the draft.