论民事司法鉴定制度的修改与完善——以新《民事诉讼法》为视角

新的《民事诉讼法》对鉴定制度做出了重大的调整与修改,这对于提高司法鉴定的质量、保障当事人的诉讼权利、提高法官证据采信能力、促进司法公正的实现均具有重要的价值.但仍然存在一些问题和不足,应当通过限制法院依职权直接选任鉴定人、明确鉴定人出庭质证和对异地鉴定人出庭质证等措施加以完善.

On the Amendment and Improvement of Forensic Appraisal in Civil Litigation——From the Perspective of the Civil Procedure Law(Amendment)

The amendment of the Civil Procedure Law has made great adjustment and amendment to the appraisal system. This is important for improving the quality of judicial appraisal, protecting the litigants＇ rights, enhancing the evidence adoption a- bility of the judges and promoting justice. But there are still some problems and defects. They should be improved through some measures, such as, limiting the court＇s power to directly appoint appraisers, making clear that appraisers should appear in court for cross-examination, and improving the rules of cross-examination in court for appraisers from different localities.