论鉴定结论的证明力

发布时间：2018-05-09 14:21

本文选题：鉴定结论 + 证明力　；参考：《湖南大学》2009年硕士论文

【摘要】： 作为三大诉讼法中证据种类之一的鉴定结论,与其它类型证据相比,具有科学性、程序性、独立性的特点。鉴定结论证明力是指由法官对证据关联性、真实性与合法性综合判断后认定的对案件事实证明的程度大小。基于鉴定结论独特性,其证明力受到诸多因素的影响。鉴定人的科学知识与执业经验对鉴定结论的真实性起到决定性的作用,而其资质与中立地位是鉴定结论真实性的保障;委任制度的完善有利于鉴定人避免主观上受到当事人的意见左右,也能加强法庭职权作用,提高诉讼效率,节省诉讼成本,保证鉴定结论的中立客观;鉴定材料的合法性与真实性是鉴定结论具有较高证明力的基本要求,鉴定手段的科学与正确是鉴定结论真实、准确、可靠的保证,鉴定人只能就事实作出结论;鉴定书是鉴定人鉴定工作最直接的成果,以书面的形式体现出来,为减少鉴定结论从形式上降低鉴定结论证明力,对鉴定书进行规范化管理是较为有效的措施,这也是对鉴定人科学严谨态度的验证;质证程序是确定鉴定结论证明力的必经程序,承担着展示司法公信、抚慰当事人、平衡权利与义务的作用;法官在判决中对鉴定结论的采信与否是对鉴定结论证明力的最终判断,这种判断应当是建立在一定的原则与规则基础上,否则容易造成法官滥用鉴定结论的局面,导致鉴定结论证据缺乏证明力。我国现行司法鉴定制度下,鉴定结论证明力的提高不仅要从法规方面建立统一科学的司法鉴定标准,完善鉴定人责任约束机制及鉴定委任制度,更应当进一步完善规范质证程序及法官对鉴定结论的采信制度,避免当前鉴定结论证明力所面临的尴尬局面,为公正司法提供有效的证据保障。
[Abstract]:As one of the three kinds of evidence in procedural law, the conclusion is scientific, procedural and independent compared with other types of evidence. The probative power of the appraisal conclusion refers to the degree of proof of the facts of the case, which is determined by the judge after the comprehensive judgment of the relevance, authenticity and legality of the evidence. Based on the uniqueness of the appraisal conclusion, its proof power is influenced by many factors. The expert's scientific knowledge and practice experience play a decisive role in the authenticity of the appraisal conclusion, and its qualification and neutral status are the guarantee of the authenticity of the appraisal conclusion. The perfection of the appointment system is beneficial to the expert to avoid subjectively being influenced by the opinions of the parties, and can also strengthen the role of the court authority, improve the efficiency of litigation, save the litigation cost, and ensure the neutrality and objectivity of the appraisal conclusion. The legitimacy and authenticity of the identification materials are the basic requirements of the identification conclusion with higher proof power. The scientific and correct identification means are the true, accurate and reliable guarantee of the appraisal conclusion, and the expert can only make a conclusion on the facts. The appraisal certificate is the most direct result of the appraiser's appraisal work, which is embodied in the written form. In order to reduce the formal proof of the appraisal conclusion, the standardized management of the appraisal document is a more effective measure. This is also the verification of the expert's scientific and rigorous attitude; the cross-examination procedure is the necessary procedure to determine the proof power of the appraisal conclusion, which is responsible for displaying the judicial public trust, comforting the parties, and balancing the rights and obligations. The judge's acceptance of the conclusion in the judgment is the final judgment on the power of proof of the conclusion, which should be based on certain principles and rules, otherwise, it is easy to cause the judge to abuse the conclusion. Leading to the identification of the evidence lack of proof. Under the current system of judicial expertise in China, the improvement of the power of proof of expert conclusion should not only establish a unified and scientific standard of judicial identification from the aspect of laws and regulations, but also perfect the restraint mechanism of expert's responsibility and the system of accreditation and appointment. Furthermore, we should further perfect the system of standard cross-examination procedure and the judge's acceptance of the appraisal conclusion, avoid the awkward situation that the power of proof of the appraisal conclusion faces at present, and provide effective evidence guarantee for the just judicature.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D918.9

【引证文献】