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新修订的刑诉法、民诉法(以下简称“两法”)对鉴定问题作了许多新规定,已于今年一月实施。由于“两法”有关鉴定的规定与正在执行的其他相关法律规定有一些差别,立法规定与立法释义和司法解释有些地方也不完全一致,因而,在刑、民事诉讼活动中有关方可能在鉴定问题上产生争议甚至冲突。
The newly revised Criminal Procedure Law and Civil Procedure Law (hereinafter referred to as “the two laws”) made many new provisions on the appraisal issues and were implemented in January this year. There are some differences between the provisions of the “two laws” concerning appraisal and other relevant laws and regulations that are being implemented, and the provisions of the legislature are not entirely consistent with the interpretation of laws and the interpretation of judicial interpretations. Therefore, in the criminal and civil litigation activities, parties may In the identification of issues on the controversy or even conflict.