民事鉴定意见质证实质化进程中的"三重逻辑"和实现路径OA

By sorting out the triple logic underpinning the substantiation process of cross-examining civil appraisal opinions since 1979,we find that the first dimension has achieved a cognitive shift from conclusion to opinion,yet still tends to examine appraisal opinions from a static,results-oriented perspective.In the second dimension,appraisers'court appearances have yielded notable effects,but the relevant rules remain overly broad;while the system allowing expert assistants to appear in court has been established,their litigation status remains controversial,with a mismatch between rights protection and role positioning.As for the third dimension,judges'participation in cross-examination is mired in a dilemma of ambiguous role orientation and inadequate professional competence,which blocks the path connecting cross-examination to the formation of judicial conviction.In view of the above,the substantiation of cross-examination for civil appraisal opinions in China should be based on the binary framework of expert confrontation.First,it is imperative to dynamically grasp the entire generation process of appraisal opinions from a life−cycle perspective.Second,guided by the principle of equal confrontation,we should refine the rules governing appraisers'court appearance,clarify the scientific position of expert assistants,and establish a right protection mechanism for them to obtain information throughout the judicial authentication process in light of their role as technical representatives.Third,efforts should be made to enhance judges'cross-examination capabilities,thereby smoothing the path from cross-examination to judicial conviction and enabling a more effective response to modern litigation.