新刑事诉讼法与侦查、鉴定相关规定的理解与实施探讨

修改后刑事诉讼法对侦查、鉴定制度作出了许多新规定,正确理解和实施这些规定具有重要意义。但法律增加规定的技术侦查措施,与常规侦查技术手段并不等同,将鉴定结论改为鉴定意见,并不是降低科技证据的地位和鉴定要求;规定鉴定人有必要出庭作证,并不意味着此种情况下鉴定意见一定有错误,使用有专门知识的人同时代表鉴定人和专家辅助人两个不同主体,值得进一步研究。

A Understanding and exploratory Discussion on New Criminal Procedure Law and Related regulations of Investigation and Appraisal

Some new regulations on investigation and appraisal system were made in the newly amended Criminal Procedure Law. The correct understanding and implementation of those regulations have an important meaning. But technical measures added by the law are not equivalent to conventional means of investigation. The change from appraisal conclusion to appraisal proposals did not reduce the role of technological evidence and appraisal requirements. The provision that appraisers are necessary to testify in court does not mean that there is something wrong with appraisal proposals under the situation. We need to further study that professional persons stand for appraisers and expert assistants at the same time.