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司法鉴定意见在诉讼中的地位和作用有增无减,往往是诉讼成败的关键证据,亟需第三方的监督,所以鉴定程序引入见证制度及见证人是必然的。文中针对司法鉴定见证制度加以分析研究,着重分析刑事诉讼中和司法鉴定通则新旧版关于见证制度的详细规定及历史演进,发现见证规定仅限于比较狭窄的鉴定项目、而且见证人身份性质不明确、权利义务不明晰等问题,这些情况都不利于鉴定意见在诉讼中审查、质证。本文提出一些改进,如明确司法鉴定见证人身份和资格,明确司法鉴定见证性质,细化见证程序及内容等,致力于完善司法鉴定见证制度。
Forensic opinion has its status and role in the lawsuit increasing. It is often the key evidence of the success or failure of the lawsuit. It urgently needs the supervision of the third party. Therefore, it is necessary to introduce the testimony system and witness into the appraisal procedure. In this paper, the system of testimony of forensic appraisal is analyzed and analyzed, with emphasis on the detailed rules and historical evolution of the new and old versions of testimony system in criminal proceedings and general rules of forensic appraisal. It is found that the testimony provisions are limited to narrower appraised items and the nature of witness identity is not clear, Rights and obligations are not clear and other issues, these conditions are not conducive to the appraisal opinion in the litigation review, cross-examination. This article puts forward some improvements, such as clarifying the identity and qualification of witnesses of forensic appraisals, clarifying the nature of forensic testimony, elaborating the procedure and content of testimony of testimonies, and so on, so as to improve the witness system of forensic appraisals.