司法鉴定公信力研究
发布时间：2019-07-09 20:45
【摘要】： 司法鉴定是指在诉讼活动中，鉴定人运用科学技术或者专门知识，对诉讼中涉及的专门性问题进行鉴别和判断，并提供鉴定意见的活动。鉴定意见(我国三大诉讼法均称鉴定结论)属于我国诉讼法律规定的七种法定证据之一，不仅本身具有证据功能，而且有印证、判定其他证据的独特功能，对于查明案件事实，正确适用法律，保障诉讼活动依法、顺利进行，具有独特的重要作用，因而在司法活动中，司法鉴定结论往往被称为“证据之王”，司法鉴定人被称为“科学的法官”。 但是，长期以来我国司法鉴定体制存在法律规范不足、管理体制混乱、技术标准不统一、监督管理缺失、法律责任不清等诸多制度弊端，损害了司法鉴定的科学性、客观性和权威性，引起社会公众对司法鉴定工作的质疑，降低了司法鉴定的社会公信力，，并进而影响了诉讼活动的顺利进行，影响了司法鉴定服务于诉讼、促进司法公正目的的实现。 为了根除司法鉴定的体制弊端，真正发挥司法鉴定特有的证据价值，从上个世纪末开始，我国司法鉴定体制进入了缓慢的改革历程。2004年底，中央转发了《关于司法体制和工作机制改革的初步意见》，从政策层面上确定了司法鉴定管理体制改革的方向和目标要求；2005年2月，全国人大常委会审议通过了《关于司法鉴定管理问题的决定》，首次以法律性文件的形式确立了司法鉴定统一管理的基本框架，从而成为我国第一部关于司法鉴定工作的重要法律规范。但是，纵观一年来司法鉴定管理体制的运行情况，我国司法鉴定领域长期存在的诸多弊端并未得到根本改变，司法鉴定公信力不高仍然是困扰整个司法鉴定工作的核心问题。因此，研究和解决影响司法鉴定公信力的制度弊端，寻求提升司法鉴定鉴定公信力的有效方法，在当前仍然具有十分重要的现实意义。 提升司法鉴定公信力，是一个复杂的系统工程，事关司法鉴定事业的长远发展。结合我国司法实践及科技发展的现状，笔者认为，改革我国司法鉴定体制，提升司法鉴定公信力，应当遵循的总体原则是：既要与时俱进，也要立足国情；既要顾及中国法制建设的现实，更要充分体现现代司法理念的精神。首先，在具体制度设计上，要充分体现当事人平等、程序公正、证据裁判等现代司法理念，实现司法鉴定统一管理的改革目标；其次，要合理借鉴国外司法鉴定制度的合理 成分，建立能够保证司法鉴定公信力的一系列具体制度，如：鉴定名册制度、鉴定人负责制度、鉴定人回避制度、鉴定中立制度，等等；第三，要通过规范鉴定结论的格式和内容、完善鉴定结论的法庭质证程序、建立健全鉴定人出庭作证制度等具体措施，建立鉴定结论在法庭上接受质证的制度和规则；第四，要建立和完善司法鉴定公信评价机制和失信惩戒机制，以有效的监督，保证司法鉴定执业行为的合法性，维护司法鉴定的权威性和公正性。
[Abstract]:The judicial appraisal refers to the activity of identifying and judging the special problems involved in the lawsuit in the course of litigation, using science and technology or know-how, and providing the activity of the appraisal opinions. The appraisal opinion (the three procedural law of our country) is one of the seven legal evidence stipulated in the law of our country's lawsuit, not only has the function of proof in itself, but also has the unique function of confirming and judging the other evidence, and for the purpose of ascertaining the facts of the case and the right applicable law, The judicial appraisal conclusion is often referred to as the "the king of evidence" and the appraiser is called the "a scientific judge". However, for a long time, the judicial authentication system of our country has the defects of the deficiency of the legal norms, the confusion of the management system, the non-uniformity of the technical standards, the lack of supervision and administration, the unclear legal responsibility and the like, and the science of the judicial authentication is damaged. Sex, objectivity and authority cause the public to challenge the work of the judicial appraisal, reduce the social credibility of the judicial authentication, and further influence the smooth progress of the litigation activities, and influence the judicial authentication service in the litigation and promotion. The purpose of judicial justice is to realize the purpose of judicial justice. In order to eradicate the institutional defects of the judicial authentication, the special evidence value of the judicial authentication is really played, and from the end of the last century, the judicial authentication system of our country has entered a slow course of reform. At the end of 2004, the center has forwarded the < In February 2005, the Standing Committee of the National People's Congress passed the Decision on the Management of Judicial Expertise. The form of the unified management of the judicial authentication is established in the form of me The first part of the country is the important legal norm about the work of the judicial appraisal. However, in the past year, the operation of the judicial appraisal management system has not changed fundamentally, and the credibility of the judicial appraisal is not High still is the core of the whole forensic work. Therefore, research and solve the system defect that affects the credibility of the judicial authentication, and seek to improve the credibility of the authentication of the forensic appraisal. Methods: It still has very important practical significance. The credibility of the system is a complex system engineering, which is about the long-term development of the judicial authentication. In the light of the present situation of the judicial practice and the development of science and technology in China, the author holds that the general principles that should be followed in reforming our country's judicial expertise system and improving the credibility of the judicial authentication It is: to keep pace with the times, and to be based on the national conditions; To take into account the reality of the construction of China's legal system, it is necessary to fully reflect the spirit of the modern judicial idea. First, in the design of the specific system, the modern judicial ideas such as the equality of the parties, the procedure justice and the evidence judgment should be fully reflected, and the judicial evaluation should be realized. to be unified The aim of the reform is to establish a series of specific systems that can guarantee the credibility of the judicial authentication, such as the system of the identification of the roster, the responsibility of the experts, the system of the identification of the people, and the identification of the system. Third, it is necessary to establish and perfect the system and rules of the appraisal conclusion in the court by establishing the format and content of the appraisal conclusion, perfecting the court quality certificate procedure of the appraisal conclusion, and establishing and perfecting the court system and other concrete measures to establish the appraisal conclusion in the court; and fourthly, establishing and perfecting the system. The evaluation mechanism of the judicial authentication and the punishment of the failure of the lette
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D918.9
本文编号：2512438
[Abstract]:The judicial appraisal refers to the activity of identifying and judging the special problems involved in the lawsuit in the course of litigation, using science and technology or know-how, and providing the activity of the appraisal opinions. The appraisal opinion (the three procedural law of our country) is one of the seven legal evidence stipulated in the law of our country's lawsuit, not only has the function of proof in itself, but also has the unique function of confirming and judging the other evidence, and for the purpose of ascertaining the facts of the case and the right applicable law, The judicial appraisal conclusion is often referred to as the "the king of evidence" and the appraiser is called the "a scientific judge". However, for a long time, the judicial authentication system of our country has the defects of the deficiency of the legal norms, the confusion of the management system, the non-uniformity of the technical standards, the lack of supervision and administration, the unclear legal responsibility and the like, and the science of the judicial authentication is damaged. Sex, objectivity and authority cause the public to challenge the work of the judicial appraisal, reduce the social credibility of the judicial authentication, and further influence the smooth progress of the litigation activities, and influence the judicial authentication service in the litigation and promotion. The purpose of judicial justice is to realize the purpose of judicial justice. In order to eradicate the institutional defects of the judicial authentication, the special evidence value of the judicial authentication is really played, and from the end of the last century, the judicial authentication system of our country has entered a slow course of reform. At the end of 2004, the center has forwarded the < In February 2005, the Standing Committee of the National People's Congress passed the Decision on the Management of Judicial Expertise. The form of the unified management of the judicial authentication is established in the form of me The first part of the country is the important legal norm about the work of the judicial appraisal. However, in the past year, the operation of the judicial appraisal management system has not changed fundamentally, and the credibility of the judicial appraisal is not High still is the core of the whole forensic work. Therefore, research and solve the system defect that affects the credibility of the judicial authentication, and seek to improve the credibility of the authentication of the forensic appraisal. Methods: It still has very important practical significance. The credibility of the system is a complex system engineering, which is about the long-term development of the judicial authentication. In the light of the present situation of the judicial practice and the development of science and technology in China, the author holds that the general principles that should be followed in reforming our country's judicial expertise system and improving the credibility of the judicial authentication It is: to keep pace with the times, and to be based on the national conditions; To take into account the reality of the construction of China's legal system, it is necessary to fully reflect the spirit of the modern judicial idea. First, in the design of the specific system, the modern judicial ideas such as the equality of the parties, the procedure justice and the evidence judgment should be fully reflected, and the judicial evaluation should be realized. to be unified The aim of the reform is to establish a series of specific systems that can guarantee the credibility of the judicial authentication, such as the system of the identification of the roster, the responsibility of the experts, the system of the identification of the people, and the identification of the system. Third, it is necessary to establish and perfect the system and rules of the appraisal conclusion in the court by establishing the format and content of the appraisal conclusion, perfecting the court quality certificate procedure of the appraisal conclusion, and establishing and perfecting the court system and other concrete measures to establish the appraisal conclusion in the court; and fourthly, establishing and perfecting the system. The evaluation mechanism of the judicial authentication and the punishment of the failure of the lette
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D918.9
【参考文献】
相关期刊论文 前6条
1 霍宪丹;;以科学发展观为指导 推动司法鉴定管理系统工程的基本制度建设[J];中国司法;2006年08期
2 沈策;李颖;;试论我国司法鉴定人权利保护制度[J];中国司法鉴定;2005年06期
3 钱崇豪;;宋慈与中国司法鉴定[J];中国司法鉴定;2006年01期
4 陈如超;曹伟;;物证技术的困惑及反思[J];中国司法鉴定;2006年01期
5 卞建林;郭志媛;;论司法鉴定的诉讼程序立法[J];中国司法鉴定;2006年04期
6 黄维智;论我国司法实践中鉴定证据制度的四大突出问题(上)[J];中国司法鉴定;2004年02期
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