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鉴定结论作为我国法定证据之一,在诉讼活动中的作用不容小觑。然而,我国现有法律对鉴定结论的规定比较粗糙,司法实践中法官往往又过于信赖鉴定结论的可靠性,极少对鉴定结论的实质性进行审查。为此,我们需要对鉴定结论的审查认证进行反思,确立鉴定结论的可采性规则,并通过完善相关立法从司法鉴定这个源头上保证鉴定结论的中立性,增强鉴定结论的可靠性,使鉴定结论在诉讼活动中能够合法、有效地运用。
As one of the legal evidence in our country, the conclusion of appraisal can not be underestimated in the litigation activities. However, the existing laws in our country have relatively crude provisions on the conclusion of the appraisal. In judicial practice, the judges often rely too much on the reliability of the appraisal conclusion and seldom examine the substantive conclusion of the appraisal. To this end, we need to review the certification conclusion of the review, establish the admissibility of the conclusion of the rules, and through the improvement of relevant legislation from the forensic identification of the source to ensure the neutrality of the conclusions to enhance the reliability of the conclusions of the appraisal Conclusions The litigation activities can be lawfully and effectively used.