论新刑诉法司法鉴定问题的修改

2012年新《刑事诉讼法》对司法鉴定问题作出几处修改:将"鉴定结论"改为"鉴定意见",确立了生物样本采集制度,对鉴定人之出庭范围、人身安全保护、拒不出庭后果作出具体规定,并增设有专门知识的人参与刑事诉讼制度。修改之处在转变盲目依赖鉴定的观念、增强鉴定质证、吸纳当事人主义合理因素等方面呈现诸多亮点,但有关生物样本采集程序以及鉴定人出庭效果等方面依然有待完善。

Comments on Amendments to Expert Testimony in the New Criminal Procedural Law

New amendments to expert testimony have been presented in the new Criminal Procedural Law in 2012. It modifies appellation of ＂expert opinion＂ instead of ＂expert conclusion＂, sets up an institu- tion of biological sample collection,and makes detail regulations on the range of judicial experts＇appearing in court,the protection of their personal safety,and the result of their refusal to appearing in court. It new- ly adds that professionals can take part in criminal procedure. There are some highlights of the amendments such as transforming the idea of relying blindly on forensic identification, strengthening evidence confirma- tion of expert testimony and accepting rational factors of adversary system. However, it still needs to im- prove the institution of biological sample collection, the effect of judicial experts appearing in court and so on.