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鉴定结论作为刑事诉讼中的重要证据种类,从立法及理论层面考量,出版物行政鉴定并不属于刑事证据种类,但是,刑事司法实践中,司法机关却将行政鉴定误认为是司法鉴定并广泛运用。因此,必须重视错误定性引发的现实问题,并完善刑事内容,保证出版物行政鉴定性质的刑事转换,惩治和预防侵犯知识产权犯罪。
As a kind of important evidence in criminal procedure, appraisal conclusion is considered from the legislative and theoretical aspects. The administrative appraisal of publications does not belong to the category of criminal evidence. However, judicial practice mistakes the administrative appraisal as forensic appraisal and widely used in criminal judicial practice . Therefore, it is necessary to attach importance to the practical problems caused by the wrong characterization, to improve the criminal content, to guarantee the criminal transformation of the administrative nature of the publication, and to punish and prevent the crimes of infringing on intellectual property.