专家证据的价值与我国司法鉴定制度的修改
季美君专家证据的价值与我国司法鉴定制度的修改
Value of Expert Evidence and Modification of Judicial Authentication in China
期刊名称：《法学研究》
期刊年份：
作者：季美君
单位：最高人民检察院检察理论研究所
中文关键词：专家证据;司法鉴定;专家辅助人;模式选择
英文关键词：expert evidence;judicial authentication;expert witness;choice of mode
中文摘要：
随着科学技术的飞速发展，专家证据在诉讼中发挥着越来越重要的作用。在英美法系国家，专家证据制度在专家证人资格规定上的广泛性和选任上的自由性，使其在适用上具有灵活性和实用性的特点，其详细而完备的专家证据可采性规则，更是司法经验的积累与法官智慧的结晶。英美法系国家的专家证据制度和大陆法系的鉴定制度，在近些年的改革中呈现出共同的趋向，如启动程序的多样化、过错责任的严格化和庭审对抗的强化，这为完善我国司法鉴定制度、准确适用新刑诉法中有关专家辅助人的规定以及充分发挥专家证据的作用开启了新的思路。面对我国司法鉴定中依然相当混乱的鉴定主体问题，构建鉴定人、专家顾问和专家辅助人三位一体的司法鉴定主体格局，或许是一条比较合理可行的出路。
英文摘要：
With the fast development of science and technology, expert evidence has been playing a more and more important role in the criminal procedure. In Common Law countries, due to the variety of subjects and freedom of choosing expert witnesses, the system of expert witness has its own characteristics of flexibility and practicability in its application, and its rules of admissibility for expert evidence are rather complete and realistic. However, from the aspect of practice and compared with the system of expert evidence in Civil Law countries, each system has its own demerits which can't be overcome by itself, such as the inclinations of expert opinions and the abuse of expert witnesses in Common Law System, and the lack of review and check for the conclusions of authentication in Civil Law System. Therefore, in recent decades, the two systems have taken measures to reform their regulations by learning from each other. Moreover, some common trends and values are turning up in these two legal families, such as the diversification of starting procedure, the more strictness of expert's liability and the stronger atmosphere of trial confrontation. The system of judicial authentication in China has to be further perfected by learning some valuable experiences from two related systems. Actually, above common trends may become the new ideas to solve those problems as well as to implement the related stipulations of the new Criminal Procedure Law well. While re-thinking the problem of the confused subjects of the judicial authentication, we may use appraisers, referees and expert witnesses at the same time so as to meet the different requirements in the trial.
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