论文部分内容阅读
当前社会分工的日益细化使社会关系错综复杂,纠纷的涉及面也不断扩大。但是由于囿于法学知识的局限性,很多专业性问题并非法律人所能了解掌握,而鉴定意见的存在无疑给他们带来了证明的曙光。鉴定意见以其科学、公正、高效的面貌展现在人们面前而备受推崇,依靠司法鉴定所支撑的鉴定意见证明在诉讼中更是不可或缺。然而,由于受到人为因素以及科技理论之间博弈的影响,使得鉴定意见证明也存在一些不可回避的问题。如何正确看待鉴定意见在诉讼中的证明作用及其适用限度,对于程序公正有着重要的意义。
At present, the increasingly detailed division of labor in society makes the social relations intricate and the disputes involved more and more. However, due to the limitations of legal knowledge, many professional problems are not understood by legal persons, and the existence of expert opinion undoubtedly brings them the dawn of proof. Appraisal opinions are highly respected in the face of people with scientific, fair and efficient appearances. Evidence opinions supported by forensic appraisals prove that they are indispensable in litigation. However, due to the influence of human factors and the game between science and technology, there are some unavoidable problems in appraising opinions. How to correctly view the proof function of appraisal opinions in litigation and its application limits are of great significance to procedural fairness.