论鉴定人拒绝出庭作证法律后果的立法定位

我国刑诉法的再修改,明确规定鉴定人拒绝出庭作证,鉴定意见不得作为定案根据的法律后果,约束了鉴定人履行出庭作证义务,有效规范提出鉴定意见的举证责任,从而切实提高程序法的法律及司法权威。明确程序性违法导致诉讼行为或证据无效的法律后果,对提高司法公信力,具有现实意义和诉讼价值。应注重明确程序违法的法律后果,从而保证刑诉法依赖自身能量得到有效实施。

The Legislative Position of the Consequence of Appraisers' Refusing to Testify in Trial

It is necessary to establish the principle that requires appraisers to testify in trial when amending the Chinese Criminal Procedure Law.It is adequate to urge the appraiser to testify in trial and meet the burden of proof by submitting appraisal opinions by making clear that the appraisal opinions without testimony by the appraiser in trial will be rejected by the court.Thus,the authoritativeness of procedural law can be enhanced.It is practical and meaningful to make clear the legal consequence that procedure illegality may cause the litigation or evidence null in order to enhance the public trust in judiciary.Emphasizing the consequence of procedural illegality can also ensure the implementation of Criminal Procedure Law.