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鉴定人作为实施鉴定活动的主体,是鉴定活动中不可或缺的因素,司法鉴定整体队伍的素质影响和制约着鉴定的质量。我国《刑事诉讼法》、《民事诉讼法》、《行政诉讼法》均对鉴定人出庭作了原则性规定,明确规定鉴定人应当出庭作证并接受法官、检察官、双方当事人、律师以及专家辅助人的询问。然而在司法实践中,由于各种原因和条件的限制,鉴定人出庭质证的比例较低。然而随着公民法律意识和权利意识的不断增强,诉讼主体双方聘请鉴定人的需求将逐年递增,加强司法鉴定人素质成为了司法鉴定体制改革的迫切需要。
As the main body of the appraisal activities, the appraiser is an indispensable factor in the appraisal activities. The quality of the appraisal team as a whole and the quality of appraisal are restricted. China’s “Criminal Procedure Law”, “Civil Procedure Law” and “Administrative Procedure Law” all give principled rules on the appearance of witnesses. It clearly stipulates that appraisers should appear in court and receive testimony from judges, prosecutors, both parties, lawyers and expert assistants ask. However, in the judicial practice, because of various reasons and conditions, the proportion of the witnesses in the court is lower. However, with the increasing awareness of citizen law and the awareness of rights, the demand for the appointment of appraisers by both litigants will increase year by year. Strengthening the quality of judicial appraisers has become an urgent need for judicial appraisal system reform.