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在诉讼中,对技术性或专门性问题的解决英美法系是实行专家证人制度,我国秉承大陆法系传统实行鉴定人制度,但鉴定人制度在司法实践中暴露出诸多弊端,最主要的是如何对鉴定结论进行有效质证,从而避免鉴定书发挥“一语定乾坤”、“科学判决”的作用。作为立法补救措施--专家辅助人制度,因该辅助人的质询意见不是法定证据,因此该补救措施在事实上又是于事无补。正确的做法应该是合理借鉴英美法上的专家证人制度,完善证据立法,增加专家证言这一证据类型。
In the lawsuit, the solution to the technical or specialized problems is that the common law system is the expert witness system. Our country adheres to the traditional system of appraiser in the civil law system. However, the system of appraiser exposes many defects in the judicial practice. The most important thing is how to appraise the appraisal Conclusion of effective cross-examination, in order to avoid the identification book to play “,” “scientific judgment ” role. As a legislative remedy - a system of expert assistants, the remedy is in fact not useful because the supporting person’s opinion is not statutory evidence. The correct approach should be to draw lessons from the expert witness system in the Anglo-American law, improve evidence legislation, and increase the type of evidence presented by experts.