论刑事诉讼中鉴定意见的可靠性、可信性——基于权利保障视角的分析

司法实践中时有发生的轰动案件引发人们对于鉴定意见可靠性、可信性问题的思考。作为证据制度的司法鉴定是刑事司法公正的基础和保障，必须符合客观可靠、公正可信的基本要求。而有关保障鉴定意见可靠性和可信性基本要求的证据规则却在修改后的刑事程序中依旧缺失，因此，刑事司法鉴定制度的后续立法应当完成从注重职权便利的需要到重视权利保障的转变。

The Reliability and Credibility of Appraisal Opinions in Criminal Procedure -- An Analysis Based on Perpective of the Right Protection

The sensational cases occurred in judicial practice have caused people to think about the credibility and reliability of expert opinions. As part of the evidence system, the criminal forensic appraisal system is the base and guarantee of criminal justice. It must meet the basic requirements of reliability and credibility. However, evidence rules regarding reliability and credibility of expert opinions are still lacking after the amendment of the Criminal Procedure Law. Future legislation on criminal forensic appraisal should be completed on the transformation from emphasizing the need to facilitating the administration to em- phasizing the protection of rights.