司法鉴定若干问题的法律思考

Legal Speculations on Several Problems of Expert Testimony

司法鉴定是由专门机构和人员对诉讼中涉及到的专门性问题进行鉴别判断并作出结论的一项准司法活动。我国在司法鉴定领域存在着鉴定机构设置和管理混乱无序,鉴定从业人员水平能力不一,鉴定程序缺少透明度,对鉴定结论司法审查力度不大等问题。笔者拟从法律角度对上述问题进行分析并提出若干立法建议。

Expert testimony is a quasi-judicial activity during which specialized organizations and personnel make examinations and draw conclusions against specific problems in the process of lawsuit. In our country, however, in the field of expert testimony there exist several problems: the disorder of the setup and administration of testimony organizations, the uneven qualification of the personnel engaging in this career, the lack of transparency of the testimony procedure and the inefficiency of judicial review towards testimony conclusions, etc. This article, from the angle of law, tries to make an analysis of the reasons resulting in the abovementioned problems, proposes trends for the reforms of the expert testimony system and makes suggestions for the lawmaking in this sphere.