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司法鉴定融科学性和法律性为一体,既有科学实证的特征,又有司法活动的特征,是主观与客观、物证与人证、技术与经验的有机统一。近年来,司法鉴定管理制度整体有较大发展和完善,具有我国特色、统一的体制也正在逐步探索和建立。但由于各种原因,目前司法鉴定意见争议不断,多头鉴定、重复鉴定问题日益突出,司法鉴定改革迫在眉睫。本文从分析司法鉴定意见争议形成原因入手,借鉴专家学者的相关理论和两大法系的有益做法,提出了解决司法鉴定意见争议的合理规制措施。
Forensic science combines science and law into one. It has both scientific and scientific features as well as features of judicial activities. It is an organic unity of subjective and objective things, material evidence and witnesses, and technology and experience. In recent years, the overall system of forensic examination and management has been greatly developed and improved. The system with Chinese characteristics and unity is also being gradually explored and established. However, due to various reasons, there are still many controversies over forensic opinions, such as long appraisals and repeated appraisals. The reform of forensic appraisals is imminent. Starting with the analysis of the reasons for the formation of controversial opinions on forensic expertise, this article draws on the relevant theories of experts and scholars and the beneficial practices of the two major legal systems and puts forward reasonable measures to solve disputes over judicial identification opinions.