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我国《刑事诉讼法》对鉴定人出庭作证有明确要求,但司法实践中鉴定人出庭率低的问题突出,对诉讼造成消极影响。当前我国刑事诉讼中鉴定人出庭率低的原因主要有相关制约与保证制度不健全、出庭的程序启动存在缺陷、鉴定人自身素质薄弱。针对上述原因,应当健全鉴定人出庭的惩罚与保障机制、在鉴定人出庭的程序启动环节赋予法官有限裁量权、提高鉴定人出庭作证能力,以切实提高我国刑事诉讼中的鉴定人出庭作证率。
China’s “Criminal Procedure Law” clearly requires the appraiser to testify in court, but the problem of low court attendance rate in judicial practice is prominent, which has a negative impact on the lawsuit. At present, the reasons for the low attendance rate of appraisers in criminal proceedings in our country mainly include the imperfect system of relevant checks and guarantees and the defects in the process of appearing in court. The quality of appraisers is weak. In view of the above reasons, we should improve the punishment and guarantee mechanism for the appraiser to appear in court, give the judge limited discretion in the process of appraising the court to attend court, and enhance the appraising ability of the appraiser in court to effectively increase the witness rate in our court.