论司法鉴定中专门性问题的范围OA

With respect to the scope of specialized issues of forensic appraisal,there are certain disputes or difficulties to be resolved in three aspects:legislative authorization,distribution of power,responsibility between forensic experts and judges,and actual conditions.In terms of legislative authorization,the legislation does not limit specialized issues of forensic appraisal to the"four major categories",but affirms that"other categories"also belong to forensic appraisal.Therefore,the scope of specialized issues of forensic appraisal must be substantively judged.From the perspective of the distribution of powers and responsibilities between forensic experts and judges,specialized issues of forensic appraisal should include all issues about technical fact in a case that cannot be understood by ordinary people's senses or cannot be judged according to common sense,as well as issues about normative fact that are specially authorized by legislation or judicial interpretation,to be judged by social institutions or administrative agencies in litigation.On this basis,these factual issues must also have actual conditions for the implementation of forensic appraisal before they can be the object of appraisal;this requires that the implementation of forensic appraisal has both mature and reliable scientific and technological conditions and does not undermine litigation values such as substantive justice,due process,and litigation efficiency.