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鉴定结论是鉴定人运用自己的专门知识或技能,通过科学技术手段和方法对案件中某些专门性问题进行鉴别、分析和判断之后得出的结论。①司法实践中,鉴定结论不仅成为发现和揭露犯罪的重要手段,而且有助于政法机关正确认定案件性质、犯罪构成及责任区分等。相对于其他证据,鉴定结论的权威性被无限放大,鉴定结论已经被推向神坛,这有违法律之本意,妨碍司法公正的实现。为了实现发挥鉴定结论的应有作用,必须将鉴定结论拉下神坛,进行审查,还鉴定结论于本原。
Appraisal conclusion is the appraiser’s own expertise or skills, through scientific and technological means and methods of identification of certain specialized cases in the case, analysis and judgment reached after the conclusion. ① Judicial practice, appraisal conclusions not only become an important means to discover and expose crime, but also help the political and legal organs correctly determine the nature of the case, the composition of the crime and the division of responsibilities. Compared with other evidences, the authority of the conclusion of the appraisal is magnified indefinitely, and the conclusion of the appraisal has been pushed to the altar, which violates the original intention of the law and hinders the realization of judicial fairness. In order to achieve its proper role in appraising the conclusion of the appraisal, the conclusion of the appraisal must be pulled down to the altar to be examined, and the conclusion of the appraisal is also authentic.