司法鉴定制度改革与司法鉴定立法之推进关系

The Promoting Relationship between Forensic Appraisal System Reform and Forensic Appraisal Legislation

司法鉴定制度改革经历了统一司法鉴定管理体制的建立、完善与健全的过程,司法鉴定原有的"重复鉴定"问题不仅没有消失,而且又衍生出"鉴定黄牛"现象,司法鉴定管理也陷入处置"反复投诉"的困境。司法鉴定制度改革要健全统一司法鉴定管理体制,还需要以鉴定证据制度作为中心的鉴定实施制度、鉴定使用制度的改革,通过司法鉴定的立法来保障司法鉴定制度改革于法有据,进而推进司法鉴定制度改革的实质性深化。

The forensic appraisal system reform has gone through the process of establishment, improvement and perfection of the unified forensic appraisal management regime. The original problem of ＂repeated appraisal＂ in forensic appraisal has not disappeared, but also triggered the problem of ＂appraisal scalpers＂. The forensic appraisal management has also got into trouble of dealing with constant ＂repeated complaints＂. The forensic appraisal system reform needs to improve the unified forensic appraisal management regime, and also needs the reform of appraisal implementation system and appraisal usage system which are based on the appraisal evidence system as center. Meantime, the legislation of forensic appraisal should be carried out to ensure that the forensic appraisal system reform be conducted according to law, and further promote the substantive deepening of the forensic appraisal system reform.