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在司法实践中,要慎提鉴定意见具有权威性。其一,“鉴定意见具有权威性”会成为司法人员怠于审查鉴定意见的借口。依照刑诉法规定,鉴定意见等证据必须经过查证属实,才能作为定案的根据。依法审查鉴定意见的证据能力,防止“垃圾科学”进入诉讼,是法官必须履行的“守门人”职责。其二,“鉴定意见具有权威性”会使司法人员在面对多份鉴定意见时盲目崇拜权威鉴定机构和鉴定人。司法
In judicial practice, it is authoritative to be careful about appraising opinions. First, “appraisal opinion is authoritative ” will become an excuse for judicial personnel lazy to review the appraisal opinion. According to the provisions of the Criminal Procedure Law, the evidence such as appraisal opinions must be verified and verified in order to serve as the basis for the verdict. According to the law to examine the evidence of the opinion of the ability to prevent “junk science ” into the lawsuit, the judge must perform “gatekeeper ” duties. Second, “appraisal opinion is authoritative ” will make judicial personnel in the face of multiple appraisal opinions blindly worship the authority of accreditation bodies and appraisers. judicial