司法鉴定程序通则的修改与解读

Modifications and interpretations on the general rules of forensic appraisal procedures

我国司法鉴定程序通则从2002年试行到2007年作为部门规章颁布实施,对规范司法鉴定程序发挥了重要作用。通则在实施过程中因"三大"诉讼法修改与司法改革推进,其中有些规定不能满足现行诉讼的需要以及本身体系结构不科学、程序内容不完善等影响其作用的有效发挥,为此2016年对其进行了修订。这次修订不仅对内容进行了删减与增补,同时还在体系结构上进行了调整,对完善司法鉴定程序、规范司法鉴定行为以及推进司法鉴定改革均具有重要意义。但这次修订还存在条款表述模糊与需要解决的程序内容被遗漏等问题。对于这些问题在通则实施时不仅需要从修订本意上予以说明,还需要从理论解读中予以适当填补,以保障其有效实施并达到修订的目的。

Proposed in 2002 and promulgated and implemented as departmental regulations in 2007, General Rules of Forensic Appraisal Procedures played an important role in regulating forensic appraisal procedures in China. Due to modifications of the three procedure laws and promotion of the judicial reform, some provisions of General Rules cannot meet the needs of current litigations with unscientific structure and deficient procedure. In 2016, General Rules of Forensic Appraisal Procedures is revised. Not only cutting and supplementing its content, but also adjusting structure, this revision also made adjustments in its structure, which has a significant meaning in improving the procedure for forensic appraisal, standardizing forensic appraisal and pushing forward forensic appraisal reform. Nonetheless, there are still certain problems in this revision. For example, some terms and conditions are still unclearly stated, while some procedural problems to be solved are actually neglected. In order to guarantee the revision implemented effectively and achieve its aim, such problems should be solved not only by illuminating the original idea of the revision, but also by supplementing theoretical interpretations.