论司法鉴定人出庭作证

我国的三大诉讼法和仲裁法皆把司法鉴定结论作为法定证据,鉴定人是鉴定结论产生的主体,必然受到诉讼制度和证据制度的规范,而具有一定的法律地位和责任。在我国当前的诉讼模式下,诉讼证据依靠两个屏障加以过滤:其一,当事人、鉴定人出庭质证参与诉讼;其二,由法官的采证、法官的内心确信而形成。所以鉴定人出庭出具作为证据的司法鉴定结论,接受当事人的质询和法官的询问,这是鉴定程序的最后阶段,也是鉴定结论能否升华为诉讼证据的关键所在,直接影响法庭对鉴定结论的采信。鉴于此,鉴定人出庭作证是十分必要和必须进行规范。当前,鉴定人出庭甚少,该制度需要进行调整和完善。

On the judicial identifier appear in court as witness

Forensic verifications are deems as legal evidences in both ArbitrationLaw and three procedure laws in China.Forensic experts who give their expert conclusions are necessarily subject to the regulations concerning the procedure system and evidence system:therefore,forensic experts have their certain legal status and obligations.Under current litigation mode of our country,litigant evidences are subject to fiItration by two procedures.One is that parties and forensic experts participate in litigations by attending to the court and examining evidences:the other is the verifications and 1itigation evidences are evaluated d by the inner of judges.Therefore,it is the last stage of procedure of verification for forensic experts to attend to the court and present their expert conclusions and to accept the interrogatory from both parties and inquiry from judges,which is also the key to determine whether their expert conclusions can be deemed aslitigation evidences and which also affecting the verifications'adoption by judges.Hence,forensic experts'attendance to the court is very necessary and also should be regulated by laws.Currently,few forensic experts appear in court and the system of forensic.experts appearing in court should be regulated and perfected.