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鉴定意见是一种法定的证据形式,证据分类上属于言词证据,与实物证据相区别,同时鉴定意见与其他言词证据在基本特征上又有明显差异,对案件事实的认定有着重要的作用。与之相适应,鉴定意见质证有着其自身独特的特点,它的质证程序不同于实物证据,也不同于证人证言等普通言词证据。鉴定意见没有预定的证据能力与证明力,它和其他证据一样,需要经过严格的质证程序,才可以作为定案证据。《刑事诉讼法》中,对于鉴定意见的相关修改,使得鉴定意见的质证再次为人所关注。但现行鉴定意见质证程序仍存在不足之处,需要进一步的完善。可以从鉴定人出庭作证制度,庭前证据开示制度等方面不断完善鉴定意见的质证程序。
Appraisal opinion is a kind of statutory form of evidence. Evidence classification is verbal evidence, which is different from physical evidence. At the same time, appraisal opinions and other verbal evidence are obviously different in basic characteristics, which plays an important role in cognizance of the facts of the case. Correspondingly, the appraisal opinion has its own unique characteristics. The procedure of its authenticating is different from the physical evidence, and it is also different from the general testimony evidences such as witness testimony. Identification of opinions without the ability to prove the evidence and proof, it and other evidence, the need to go through a strict quality control procedures, can be used as evidence of the verdict. In the “Criminal Procedure Law”, the relevant amendments to the appraisal opinions made the appraisal of the appraisal opinions once again cause for concern. However, there are still some shortcomings in the current appraisal procedure of quality appraisal, which needs further improvement. From the appraiser to testify in court system, pre-trial evidence disclosure system and other areas continue to improve the quality of appraisal procedures.