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在我国刑事诉讼程序中司法鉴定启动过多地被定位为侦查司法机关的权力。然而在民事诉讼中,诉讼双方的对等地位使得双方在获得程序权利和救济方面应该有对等性,法院作为绝对中立的一方在攸关双方当事人程序和实体利益方面应当尽可能地被动。因此,在民事诉讼中把鉴定程序启动权认定为诉讼双方的权利,而不是法院的权力,将会更加科学,更能够保障当事人诉权的实现,最终维护司法公正这一终极目标的实现。
In China’s criminal procedure in the judicial appraisal started too much to be positioned to detect the powers of the judiciary. However, in the civil litigation, the equal status of both litigants should make both parties have equal rights in obtaining procedural rights and remedies. The court, as an absolutely neutral one, should be as passive as possible in the interests of both parties and the substantive interests. Therefore, it is more scientific to identify the starting right of appraisal procedure as the rights of the parties and not the court power in civil lawsuit, and more to ensure the realization of litigation right of the parties and finally to safeguard the ultimate goal of judicial fairness.