论鉴定结论的证据能力

现代科技的发展带动了司法鉴定在刑事诉讼中的运用和扩大,鉴定结论的危险性与重要性的并存促使人们探寻对鉴定结论证据能力的规范。英美法系对专家证据的可采性强调对其依据方法的考察,大陆法系强调诉讼程序对鉴定结论的制度。在对两大法系鉴定结论证据能力进行详尽分析的基础上,笔者从鉴定人的适格性、鉴定的关联性、鉴定结论的可靠性、鉴定材料的合法性和鉴定的程序性要件上完善我国鉴定结论的证据能力。

The Validity of Appraisal Conclusions as Evidence

The deve lopment of contemporary science and technology has caused the use of forensic appraisal in criminal cases. The co-existence of risk and importance of the forensic appraisal conclusion makes people seek for regulating the validity of appraisal as evidence. The common law system emphasizes reviewing the way evidence is obtained in determining the acceptability of expert evidence, while the civil law system stresses the control of appraisal conclusion by litigation procedure. On the basis of analyzing the different rules of the two legal systems regarding the validity of appraisal conclusions as evidence, this author proposes to improve the validity of appraisal conclusions as evidence in China by analyzing the qualification of experts, the relevance of the appraisal, the reliability of appraisal conclusions, the lawfulness of material used in the appraisal and the procedure of appraisal.