关于民事诉讼中司法鉴定的运用

从案件审理者的角度看,司法鉴定是其加以运用从而认定事实的一个手段,但现存的规范多是纯粹程序上的规定,对鉴定具体环节中法官的行为殊有约束,导致了法官在运用司法鉴定中行为的随意,表现为滥用司法鉴定、浪费司法资源、造成瑕疵鉴定结论、对当事人及鉴定人权利保障不充分、鉴定结论审查标准不一等问题,因此有必要从原则上和具体规范上对法官运用司法鉴定的这些诉讼行为引起的问题加以解决,司法鉴定制度也只有关注这些问题才可能更加完善。

The Use of Expert Witness in Civil Litigations

From the perspective of the judge trying a case, exert evaluation is a means that he/she can use to determine the facts. However, the existing norms are mainly procedural ones, which have few restrictions on the behaviors of judges in specific use of expert evaluation. This has resulted in problems of the judges' use of expert evaluation at random, such as misuse of expert evaluation, wastes of judicial resource, defective expert evaluation conclusion, inadequate safeguard of the rights of parties and appraisers, and non-uniform standards for conclusion and examination. Therefore, it is necessary to resolve these problems existing in the judges' use of expert evaluation from the aspects of principles and specific norms. The expert evaluation system may only be improved when these problems are being addressed.