刑事诉讼专门性问题报告研究

Research on Specialized Problem Report in Criminal Litigation

分析了专门性问题报告在刑事诉讼中的司法现状,指出存在的适用问题;阐释了专门性问题报告的证据种类归属于鉴定意见的合理性;论证了建立以鉴定意见规则制度为内容参考的专门性问题报告运行体系的可行性。认为除了以体制机制为基础,保证专门性问题报告质量之外,还需通过多种途径加大对专门性问题报告的实质化审查。

By elucidating the judicial status of specialized problem reports in criminal litigation,this paper analyzes the problems existing in their application.Based on the rationale that specialized problem reports fall under the category of expert opinions as evidence,and the feasibility of establishing an operational system for specialized problem reports with reference to the rules and regulations of expert opinions,it believes that in addition to ensuring their quality based on institutional mechanisms,it is also necessary to intensify substantive review through various means.