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弹劾证据与证据弹劾是两个不同的概念。弹劾证据是证据一种形式,指的是可以用于弹劾的证据材料;证据弹劾则应是一项诉讼活动,用弹劾证据来对己方不利的言词证据进行攻击和削弱。弹劾证据的使用和证据弹劾活动的展开,是英美法系国家质证程序的重要组成部分。我国尚未赋予专家辅助人明确的诉讼地位,专家辅助人意见也并非证据种类之一,但从本质上来看,专家辅助人意见更符合弹劾证据的属性特征,实际上也发挥着证据弹劾的功能和作用。在目前立法与实践都较为模糊的情况下,对专家辅助人意见的正确定位,有利于庭审实质化改革下其应有价值作用的体现。
Impeachment evidence and evidence impeachment are two different concepts. Impeachment evidence is a form of evidence, which refers to evidence that can be used in impeachment. Evidence impeachment should be a litigation activity that uses impeachment evidence to attack and weaken unfavorable testimony of one’s own. The use of impeachment evidence and the expansion of evidence impeachment activities are important components of the cross-examination procedure in Anglo-American legal systems. In our country, the clear position of expert assistants has not been given yet, and the opinions of expert assistants are not one of the types of evidences. However, in essence, the opinions of expert assistants are more in line with the attribute characteristics of impeachment evidences and actually play the functions of evidence impeaching effect. In the current circumstances where the legislation and practice are rather vague, the correct positioning of the opinions of expert assistants is conducive to the reflection of its due value under the substantive reform of the courtroom.