鉴定人出庭作证制度实施现状及完善——以浙江省为视角

新的《民事诉讼法》和《刑事诉讼法》对鉴定人出庭制度作了细致改进,同时明确了鉴定人的出庭义务和法律责任.但在实践中,鉴定人出庭制度的运行状况不甚理想.据浙江省司法厅统计,2013年该省办理涉及诉讼的司法鉴定36 832件,但鉴定人出庭作证只有167次,出庭率仅为0.45％.新的诉讼法对于促进鉴定人出庭的努力收效甚微.结合该省工作实践,运用实证调研的方法,探究鉴定人出庭制度实施的现状和鉴定人出庭率低的原因,提出完善该制度的建议.

The Status and Improvement of Appraisers' Testimony in Court——From the Perspective of Zhejiang Province

The new Criminal Procedure Law and Civil Procedure Law further improve the appraisers＇ testimony system, the most significant of which is the c/ear legal consequences of appraiser＇s refusal to testify in court. But nearly a year has passed since the implementation of the two procedural laws, the effect of appraisers appearing in court is not obvious. Empirical research data shows that the cause partly lies in the system, and also in the court, the parties and other aspects. Therefore, to improve the sys- tem of appraisers appearing in court, we must strengthen the judges and participants awareness of cross-examination in the pro- ceedings, improve the procedure of appraisers＇ testimony in court, promote the implementation of the system of expert assistant. Meanwhile, relevant institutions should collaborate to jointly resolve the problems and improve the effect of appraiser testimony.