以审判为中心的庭审模式对法医出庭质证的挑战

以审判为中心的庭审模式是当今诉讼改革的主要方向,案件庭审实质化是诉讼改革的主要目标,在此背景下,法医鉴定人出庭质证将会实质化、常态化。为此,最高人民法院等部门出台了保障鉴定人出庭的相关规定、规则。法医鉴定意见质证实质化要求法医鉴定人在出庭时履行相关义务:尊重法庭、如实回答提问、释明鉴定意见。当前法医参加庭审质证中存在法医鉴定人出庭率低、鉴定意见的法律性质不明确、鉴定人出庭的具体要求不明确、与包括专家辅助人在内的其他专家证据形式的冲突等问题。为此,笔者向法医鉴定人提出三点建议:不断学习,提升专业技能;加强修炼,提高法律知识;注重实践,强化表达能力。

The challenges of forensic expert accepting cross-examination in trial-centered trial mode

Today, the direction of litigation reformation is changing trial pattern to be trial-centered and making the trial substantialized. Under this background, the relevant provisions have been launched from the supreme people's court and other departments to make sure that the forensic expert will appear in court and accept cross-examination, and this phenomenon should be normalized and substantiated. In order to ensure the expert opinion can be fully and effectively cross-examined, the medico-legal expert should fulfill obligations, such as respect for the court, answer questions honestly and explain expert opinions. We find that some problems show up in this process: the rate of forensic expert appearing in court is low; the legal nature of expert opinion is not clear; the requirements are not clear;the conflict between forensic expert opinion and other forms of expert evidence, including auxiliary expert, is very clearly. Based on this situation, the author give some suggestions to the forensic expert: keep on learning to improve professional skill; improve the legal knowledge; pay attention to practice and strengthen the ability of expression.