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检察机关具有排除非法鉴定意见,维护法律公平公正的义务。但是在司法实践中,对鉴定意见的审查往往存在盲目信任和片面性、封闭性等诸多问题,已经严重影响了检察机关办案质量。由此本文在修改后的刑诉法内,将其所规定的审查证据适用范围进行拓展,以能更好的解决审查起诉阶段对鉴定意见的审查。结合新刑诉法的有关规定及检察机关的职权对鉴定意见审查方法和制度进行探讨研究。
Procuratorial organs have the obligation to rule out illegal appraisal and to maintain fair and just laws. However, in the judicial practice, the examination of appraisal opinions often contains many problems such as blind trust and one-sidedness, closure and so on, which have seriously affected the handling quality of prosecutors. This article in the revised Criminal Procedure Law, the scope of its application of evidence to expand the scope of review, in order to be able to better resolve the prosecution phase of the review of appraisal. Combined with the relevant provisions of the new Criminal Procedure Law and the powers of the procuratorial organ to examine the method and system of appraising opinions.