论我国鉴定人出庭作证制度的完善

发布时间：2018-04-20 08:25

本文选题：司法鉴定 + 鉴定人　；参考：《青岛大学》2014年硕士论文

【摘要】：鉴定制度是重要的诉讼证据制度之一,无论在法学理论还是司法鉴定实践中都占有极其重要的地位,然而,我国目前的鉴定制度存在诸多缺陷,尤其是鉴定人常成为法庭上的看不见的手,我国庭审中鉴定证据应用最大的软肋是鉴定人出庭作证,接受控辩双方的质证,接受法官调查,是鉴定人向法庭提供科学证据的活动,也是法院和当事人对鉴定意见进行审查,确认其证据效力的重要途径,因而也是鉴定活动的重要环节,鉴定人出庭作证需要一系列的配套制度加以保证,我国的相关法律仅有鉴定人应当出庭作证的原则性规定,显然尚需建立具体的配套措施,在笔者看来,要真正解决鉴定人出庭作证的问题,国家立法机关在修改与鉴定有关的法律时应通盘考虑,确立鉴定人出庭作证的保障制度,在本文中,笔者在厘清一些基本概念的基础上,从两大法系的鉴定人(专家证人)出庭作证制度入手,结合我国鉴定人出庭作证的现状,对我国鉴定人出庭作证所待解决的问题进行了深入的探讨,并提出了适合我国司法实践的鉴定人出庭作证的具体构想。
[Abstract]:The appraisal system is one of the important litigation evidence systems, which plays an extremely important role in both the legal theory and the practice of judicial expertise. However, there are many defects in the current appraisal system in our country. In particular, the expert often becomes the invisible hand in the court. The biggest weakness in the application of the appraisal evidence in the court trial in our country is that the expert testifies in court, accepts the cross-examination of both sides of the charge and defense, and accepts the investigation by the judge. It is the activity of experts to provide scientific evidence to the court. It is also an important way for the court and the parties to examine the appraisal opinion and confirm the validity of its evidence. Therefore, it is also an important link in the appraisal activity. A series of supporting systems are needed to guarantee the testimony of experts in court. The relevant laws of our country only have the principle that experts should testify in court. Obviously, we still need to establish specific supporting measures. In the author's view, In order to really solve the problem of experts appearing in court to testify, the national legislature should consider comprehensively when revising the law related to appraisal, and establish the safeguard system of expert appearing in court. In this paper, the author clarifies some basic concepts. Starting with the system of expert witness appearing in court in two legal systems and combining the present situation of expert witness appearing in court in our country, this paper makes a deep discussion on the problems to be solved by the expert witness in court in our country. And put forward the concrete conception of the expert who is suitable for our country's judicial practice to testify in court.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

【共引文献】