一、问题的提出无论基于怎样的诉讼模式,鉴定制度的设计都是围绕鉴定人的选任这一问题进行的。因此,鉴定人的选任被视为鉴定制度的核心问题。有学者提出,鉴定人的选任问题的实质就是让谁鉴定的问题。通过下面的考察我们可以发现,鉴定主体只是这一问题的表象,其实质是谁有权利使用鉴定这一诉讼工具的问题。 First, the issue put forward No matter what the litigation model based on the design of accreditation system are around the identification of appraisers on the issue. Therefore, the appointment of appraisers is regarded as the core issue of the appraisal system. Some scholars have suggested that the essence of the appraisers’ appointment should be those who make the appraisal. Through the following inspection we can find that the identification of subjects is only the appearance of this issue, in essence, who has the right to use the identification of the litigation tool.