论文部分内容阅读
我国司法鉴定人的性质是未来鉴定人制度改革和完善中必须予以解决的一个方向性、基础性问题,因为它直接决定和影响其他制度的设立和内容。专家证人制度虽然有许多可取之处,但因为诉讼模式、具体配套制度和法律传统的差异,在我国有效运行可能带来水土不服的境地。基于我国长期以来沿用大陆法系鉴定人制度的传统,应当积极吸收和借鉴专家证人制度有益的成分,建立以鉴定人为主,专家辅助人为补充的鉴定人制度,这既符合大陆法系各国鉴定人制度的发展趋势,也符合我国的诉讼传统。
The nature of judicial appraisers in our country is a directionality and basic problem that must be solved in the future reform and improvement of appraiser system because it directly determines and influences the establishment and content of other systems. Although expert witness system has many merits, because of litigation mode, the difference between specific supporting system and legal tradition, the effective operation in our country may bring acclimatized situation. Based on the tradition of the appraiser system of civil law system in China for a long time, we should actively absorb and draw on the useful elements of expert witness system, and establish an appraiser system supplemented by appraisers and expert assistants, which is not only in line with the development of appraiser system in civil law countries Trend, also in line with China’s litigation tradition.