关于当事人自行委托鉴定结论性质的探讨

On the Nature of the Party Concerned Entrusting with Appraising the Conclusion by Himself

目前司法实践中对当事人自行委托鉴定结论性质存在着混乱的认识。在区分当事人自行委托鉴定结论和法定鉴定结论的异同之后,应建立广义鉴定结论概念,将法定鉴定结论和当事人自行委托鉴定分别以公鉴定和私鉴定的性质纳入其中,确立当事人自行委托鉴定结论的证据属性,以提高诉讼效率,节约诉讼成本,促进司法公正和适用法律统一,并使当事人主动利用自行委托鉴定结论保护其合法权益。

In resent judicature practices, there exists the confusing understanding of the nature of the party concerned entrusting with appraising the conclusion by himself. This paper believes that it is important to distinguish the differences and find similarities between the party concerned entrusting with appraising the conclusion by himself and legally appraising the conclusion, then establish a concept of appraising the conclusion in a broad sense, include their nature of public appraising and private appraising, decide on the properties of the party concerned entrusting with appraising the conclusion by himself so as to improve lawsuit efficiency, economize the lawsuit cost, and protect the party concerned lawful rights and interests.