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随着我国程序公正的理念的不断提升,人们对证据公正性的要求越来越高。司法鉴定也逐渐从侦查行为转化到诉讼证明上来。然而,我国现有的制度设置并没有给予司法鉴定这种变化过多的重视,在2012年修正的《刑事诉讼法》中,“鉴定”仍主要作为“侦查”的一部分出现。这样的设置不仅在理论上造成的诸多障碍和矛盾,在实践中也出现了诸多问题。只有解决了排列问题,其他问题在理论和实践中才能迎刃而解。
With the continuous improvement of the concept of procedural fairness in our country, people’s demands for the fairness of evidence are getting higher and higher. Forensic identification has also gradually shifted from investigative acts to proof of litigation. However, the existing system setup in our country did not give much attention to such changes in forensic science. In the Criminal Procedure Law amended in 2012, “appraisal” still appears mainly as part of “investigation”. Such a setting not only causes many obstacles and contradictions theoretically, but also has many problems in practice. Only by solving the arrangement problem can the other problems be solved in theory and in practice.