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鉴定人不出庭常态化现象导致案件事实认定的巨大障碍。当前应出庭鉴定人出庭难化解对策的零散化及内在理论基础的缺失与化解体系不健全是该问题无法得以解决的关键。赏罚观所具备的激励与指引功能是其作为鉴定人出庭理论基础的内在优势。通过赏罚体系的建构,奖赏机制及惩罚机制确立与鉴定人自身利益关联来增强其出庭积极性,优化鉴定人出庭驱动机制。
Identifying people without court normalization leads to huge obstacles in ascertaining the facts of the case. The fragmentation of countermeasures to resolve the court appearances and the lack of an internal theoretical basis and the unsoundness of the court system should be the key to the problem that can not be solved. The motivation and guiding function possessed by reward and punishment theory is its inherent advantage as the theoretical basis of appraiser’s appearance in court. Through the construction of the reward and punishment system, the reward mechanism and the punishment mechanism, the author establishes the relationship with the appraiser’s own interests so as to enhance their enthusiasm for court appearance and optimize the appraisal mechanism.