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全国人大常委会《关于司法鉴定管理问题的决定》(以下简称《决定》)颁布实施近两年,对我国司法鉴定改革和发展的影响备受关注。总结成功的经验,研究改革中的问题,为决策者提供可参考的思路十分必要。作者现从十个方面简述存在的问题,不妥之处请予谅解。一、鉴定人资格问题我国改革开放近三十年来培养的司法鉴定人才,主要集中在公检法机关,司法鉴定改革后因公务员待遇的影响,成立的面向社会鉴定机构人才缺乏,现注册鉴定人多为退休和兼职人员。而根据《决定》规定,具有相关专业本科以上学
The promulgation and implementation of the “Decision on the Administration of Judicial Expertise” (hereinafter referred to as the “Decision”) promulgated by the NPC Standing Committee over the past two years have drawn much attention on the impact of the reform and development of judicial appraisals in our country. It is very necessary to sum up the successful experience, study the problems in the reform and provide reference for the decision makers. The author now briefly describes the existing problems from ten aspects. I. Qualification of Appraiser The judicial appraisers trained in the past 30 years of reform and opening up mainly focus on the organs of public prosecution and law. After the reform of judicial appraisals, due to the influence of civil servants’ treatment, there is a lack of qualified personnel for appraisers of society. Most of the appraisers are now retired and part time worker. According to the “decision” provisions, with relevant professional undergraduate school