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与刑事程序中其他认知主体相比,法官与鉴定人的事实认知要求、达到的认知标准最高,两者在事实真相发现的程序、实质内容方面都表现出惊人的一致。但法官与鉴定人的事实认知,存在若干重大区别,加之法官毕竟是事实发现的最终认定者,其仍然面临着审查鉴定结论的重重困难,受到科技知识的各种挑战,因而有必要将法官与鉴定人对事实认定权力进行整合。
Compared with other cognitive subjects in criminal procedure, judges and appraisers have the highest cognition standards and meet the highest cognitive standards. Both of them show an astonishing agreement in the procedures and substantive aspects of the truth discovery. However, there are several major differences between the judge and the expert’s cognition. In addition, after all, the judge is the ultimate judge of fact discovery. He is still facing many difficulties in examining the conclusion of the expert assessment and being challenged by scientific and technological knowledge. Therefore, Appraisers integrate the power of factual determination.