论文部分内容阅读
民事诉讼中,鉴定意见的职能在于解决专门性事实问题,若想充分有效发挥此项职能,则需对其证明力予以科学评判。就此,两大法系国家确立了不同规则,而我国相关立法较为粗疏,审判事务中也缺乏较为统一的操作规则。为此,本文在新民诉法基础上,借鉴两大法系国家的有关经验,结合我国实际,提出完善我国鉴定意见证明力评判规则的构想。
In civil litigation, the function of appraising opinion is to solve the problem of special fact. If it is to be fully and effectively utilized, it is necessary to scientifically judge its testimony. In this connection, the two major legal system countries have established different rules, while the relevant legislation in our country is rather crude. There is also a lack of a more unified operating rule in trial affairs. Therefore, on the basis of the New Civil Procedure Law, this article draws on the experience of the two major legal system countries, combined with the reality of our country, put forward the idea of improving the evaluation rules of our country’s appraisal opinion.