略论鉴定人出庭作证

鉴定人出庭作证一方面属于广义上的证人出庭,另一方面又有别于普通证人出庭。因此,应当正确认识鉴定人出庭作证的特殊性,以正确把握鉴定人出庭作证的诉讼地位。鉴定人出庭作证的诉讼任务整体上是履行鉴定活动的委托方或指派方承担的举证责任,具体来讲则包括陈述鉴定意见和接受他人针对鉴定意见提出的质证两个方面,其中后者是具有挑战性的诉讼任务。为此,鉴定人应当主要从五个方面培训、学习、提高接受质证的能力。

Issues on Appraisers' Testifying in Trial

On one hand, the appraiser appears in court as a witness in a broad sense; on the other hand, he/she differs from a normal witness. Therefore, it is necessary to understand correctly the special feature of an appraiser as a witness in trial so as to correctly position the appraiser's status in a lawsuit. Generally speaking, an appraiser testifying in trial is to fulfill the burden of proof undertaken by the principal or the designating party. Specifically, an appraiser testifying in trial includes two parts: making a presentation of the appraisal opinion and accepting cross-examination about the appraisal opinion, the latter is a challenging task. Consequently, an appraiser should study and be trained from five aspects to enhance the ability of accepting cross-examination.