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目前我国的司法鉴定体系有待完善,需制定一部完整的司法鉴定法。文章针对制定司法鉴定法有关问题提出探讨:认为司法鉴定依据的法律分散在三大诉讼法中,其中各法、各款述语有的含混不清,造成认识不一;并且,司法鉴定依据的法规、规定均由各部门制定,不具普遍约束力,“自侦自鉴”、“自审自鉴”,影响其公正性。作者还认为诉讼模式改革,诉讼价值取向转型,需要与之相应的司法鉴定制度来充分体现其科学性、公正性、法律性。
At present, China’s judicial appraisal system needs to be improved, and a complete judicial appraisal law needs to be formulated. This article discusses the issues related to the development of forensic law: It considers that the law based on forensic science is scattered in the three major lawsuits, among which the confusion in some laws and paragraphs is caused by different opinions; and forensic evidence is based on Regulations and rules are formulated by all departments and are not universally binding. Self-examination and self-examination of self-examination work affect their fairness. The author also believes that litigation model reform, litigation value orientation transformation, the corresponding judicial appraisal system needs to fully reflect its scientific, fair and legal nature.