法院受理鉴定结论争议诉讼案的法律思考

司法鉴定中,包括医疗纠纷鉴定在内,当事人对鉴定结论不满意或者有争议的情况非常多见,对此,法律明确规定,如因对鉴定结论有异议向人民法院起诉的,人民法院不予受理。法律之所以这样规定,有着客观上的原因。法院受理了该类案件,最后又予以驳回,也有着自身的原因。为防止这一情况的再次发生,有必要加强公众法律知识的普及,加强法院办案人员的法律理论及职业道德教育。

The legal think over the court''''s accepting and hearing the case with dispute expert conclusions

In the appraisal of justice,including the expertise of medical dispute,the circs that the party is unsatisfied with or has demurrer to the expert conclusion is very common.The law has definitive regulations for this circs,which is the party who has demurrer to expert conclusion and brings an accusation against it to people's court,the court shouldn't accept and hear the case.There are objective reasons for the law regulates this kind of circs.There are also some factors for the court to accept and hear the case and overrule it finally.In order to avoid such things happen,it is necessary to intensify the law knowledge in the public and reinforce the education of law theory and occupation moral among the personnel who handle the cases.