司法鉴定公信力不足之反思与提升优化路径

Reflection on the Insufficient Credibility of Judicial Appraisal and the Improvement and Optimization Path

司法鉴定作为科学技术手段运用于司法活动中的典型代表,在促进专业技术问题解决、实现现代化诉讼功能等方面发挥着重要作用。然而随着近些年来各种冤假错案与行业乱象的披露,司法鉴定因各界对其公信力的质疑而饱受诟病。对司法鉴定的过度迷信、对科学原理的审查缺失以及鉴定人员偏见带来的鉴定失真都在进一步销蚀着司法鉴定的公信力。司法鉴定公信力关乎着司法公信力,提升司法鉴定公信力除了要在认识上破除对司法鉴定的过度迷信,更要进一步加强实质上的审查,在行政和行业监管领域下足功夫。

Judicial appraisal, as a typical representative of the application of scientific and technological means in judicial activities, plays an important role in promoting the resolution of professional technical problems and achieving modern litigation functions. However, with the disclosure of various false and erroneous cases and industry chaos in recent years, judicial appraisal has been criticized due to doubts about its credibility from various sectors. The excessive superstition in judicial appraisal, the lack of examination of scientific principles, and the distortion of appraisal caused by the bias of appraisers are further eroding the credibility of judicial appraisal. The cre-dibility of judicial appraisal is related to the credibility of the judiciary. To enhance the credibility of judicial appraisal, in addition to dispelling excessive superstition in understanding, it is also necessary to further strengthen substantive review and make sufficient efforts in the administrative and industry supervision fields.