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我国刑事诉讼法建立起了类似于当事人主义的控辩式诉讼模式,努力构建相衡对抗的庭审机制,将庭审举证权归位于控辩双方,这在客观上要求作为现代刑事诉讼直接参与者的鉴定人出庭,接受控辩双方对其鉴定结论的质证,以实现司法公正。然而,鉴定人员(本文以刑事诉讼为背景,仅将公安机关鉴定人员纳入研究视野)出庭作证却遇到各种障碍。笔者认为障碍主要来自于理念上的滞后、法律知识储备的不足以及出庭作证技巧的缺失,本文针对上述缺憾对鉴定人员出庭的基本要求进行初步探讨。
The Criminal Procedure Law of our country has established a prosecutorial-style litigation model similar to that of the parties and has tried its best to establish a mechanism of trial that is balanced and confrontational. The court has the right to testify on both the prosecution and the defense, which objectively requires that as a direct participant in modern criminal proceedings Appraisers appear in court and accept the testimony of both prosecutors and defendants on the conclusion of appraisals in order to realize judicial fairness. However, the appraiser (in this paper, criminal prosecution as the background, only the identification of public security organs into the research field of vision) to testify in court encountered various obstacles. The author believes that the obstacles lie mainly in the lag of ideas, the lack of reserves of legal knowledge and the lack of testimony skills in court. In this paper, the basic requirements of the appraiser to appear in court are discussed in the light of the above shortcomings.