司法鉴定制度改革的基本思路
郭华司法鉴定制度改革的基本思路
Thoughts on the Reform of Judicial Verification System
期刊名称：《法学研究》
期刊年份：
作者：郭华
单位：中央财经大学法学院
中文关键词：司法鉴定;鉴定结论;可信性;可靠性
英文关键词：judicial verification;expert conclusion;creditability;reliability
中文摘要：
司法鉴定制度基于鉴定结论证明案件事实的证据功能而产生。鉴定结论作为鉴定人的判断更需要制度控制和程序检测。然而，我国的司法鉴定制度未能较好地完成这一任务，即使进行了相应改革，改革后的司法鉴定制度仍未能发挥应有的作用。深化司法鉴定制度改革应当以鉴定结论的证据性质、功能及其应然性作为基础，建立具有保障鉴定结论可信性功能的鉴定制度和具有检测鉴定结论可靠性功能的诉讼程序，以使司法鉴定制度能够满足诉讼证明的高标准要求。
英文摘要：
Similar as other evidences, expert conclusions have no previous proving effect in litigations. In essence, expert conclusions are the recognitive judgment of the experts, embodying their ability to apply their special knowledge, which can also be false. Therefore, the reform of our judicial verification system should be advanced in the direction of safeguarding the creditability and reliability of expert conclusions.In order to safeguard the creditability of expert conclusions, it is necessary to reinforce the neutrality of verification agencies and the independence of experts. The verification agency in the investigation organ should be abolished to change the “selfinvestigation and selfverification” situation. The admittance threshold of experts should be increased and their practicing scope should be limited. Still, the monopoly by authority organs to start the verification procedure should be broken and the parties should be endowed with the right to select verification agencies and experts, based on a national uniform roll system.In order to safeguard the reliability of expert conclusions, on the one hand, it is necessary to establish the admittance system of special knowledge verification and the standard system of apparatus, equipment and laboratory, and to unify the method, standard and procedure of verification. On the other hand, the comprehend judging ability of courts concerning to the disputed expert conclusions and other evidences should also be increased so as to exclude incredible expert conclusions, based on the establishment of the procedure of inquiry by parties, the procedure of expert assisting the inquiry by parties, and the procedure of expert serving as an assessor in law case.
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