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鉴定结论是鉴定活动的结果,是刑事、民事或行政诉讼得以正确、公正处理的重要依据。但相对于鉴定结论在诉讼中的重要地位而言,我国现有三大诉讼法涉及鉴定活动的条文稀少且可操作性差;而实践中却存在着许多混乱现象,这必将影响鉴定结论的证据作用。因此本文讨论了鉴定结论的性质及其证据地位,比较、借鉴了英美法系、大陆法系的有益做法,以期对建立合理、完善的鉴定制度的架构有所裨益。
The appraisal conclusion is the result of the appraisal activity and is an important basis for the correct and fair handling of criminal, civil or administrative proceedings. However, relative to the important position of appraisal conclusion in litigation, there are few provisions in our country’s three major procedural law related to appraisal activities and the operability is poor. However, there are many confusion in practice, which will inevitably affect the evidence effect of appraisal conclusion . Therefore, this paper discusses the nature of the conclusion of the appraisal and its position in evidence, compares and draws on the beneficial practices of Anglo-American legal system and civil law system in the hope of establishing a reasonable and perfect appraisal system framework.