中国司法鉴定救助制度的实证研究

我国司法鉴定救助制度运作虽时日不久,但却积累了较为丰富的经验。实践中的典型案例和一些鉴定机构、法律援助部门的统计数据表明：目前规模性的鉴定救助兴起于2006年,并主要发生于民诉领域;同时,司法鉴定救助的对象大多是因交通事故、工伤等引发伤残鉴定的农民或农民工等弱势群体。毋庸置疑,鉴定机构与法律援助部门在推动我国司法鉴定救助方面起了重要作用。鉴定救助的现状是与当前司法鉴定制度改革背景、法律援助的多年经验,以及其它特殊条件共同促动的,虽然存在不少问题,但其探索启示了进一步的发展之路。

The Empirical Study of the Legal Aid System in Forensic Appraisal

We have accumulated a wealth of experience in the legal aid in forensic appraisal practice,though the time of its operation is not long.Some typical cases,with the statistical data of many forensic institutions and legal aid organizations,show that the legal aid system in forensic appraisal started in 2006,and mainly occurs in civil litigation.Besides,most cases of legal aid are in traffic accidents and about appraisal of injury or disability caused by work.It is obvious that appraisal institutions and legal aid organizations have played an important role in promoting the legal aid in forensic appraisal.The present situation of the legal aid in forensic appraisal has been advanced by the reform of the forensic appraisal system,the accumulated experience in legal aid and other conditions.Though there are still many problems,the exploration of the way to resolve these problems reveals the direction of the development.