论笔迹鉴定结论的证据效力——兼谈“世纪遗产争夺案”的笔迹鉴定

笔迹鉴定在现代诉讼中日益增多,因其鉴定多依赖于＂经验知识＂,不具有可验证的重复性,也无法接受实证的重复性检验,致使其在作为证据使用时存在一定的分歧,尤其是遗嘱笔迹因书写人死亡,其鉴定结果更富有争议。香港历经＂八年＂旷日持久的＂世纪遗产争夺案＂中的笔迹鉴定颇具典型意义。笔迹鉴定结论如何在法庭中出示以及法庭对有争议的笔迹鉴定结论如何采纳或者排除,既是一个理论问题,又是一个制度问题,还是一个价值选择问题。因此,对笔迹鉴定结论的研究与探讨成为司法鉴定制度和证据制度必须直面的带有现实意义的问题。

On Evidentiary Effectiveness of Handwriting Identification——In the View of Handwriting Identification in the Case of Fighting for the Century Heritage

As handwriting identification mainly depends on examiners＇ experience and is not able to be tested repeatedly, there exist disagreements about the acceptance of its conclusions as judicial evidence, especially in handwriting identification of wills. Handwriting identification presents typical significance in the case of ＂Fighting for the Century Heritage＂ which Hong Kong had experienced for eight years. How to demonstrate the conclusion of handwriting identification in court by examiners, and how to adopt or eliminate a controversial conclusion by courts, is a theoretical issue, as well as a system issue and a value choice. Therefore, the research and exploration on handwriting identification conclusions presents practical significance, which forensic identification system and evidence system have to face.