论刑事鉴定意见彻底化庭审认证-on thorough trial authentication of criminal expert opinion.docxVIP

第五部分主要建构了刑事鉴定意见彻底化庭审认证的规则。鉴定意见证据能力采纳规则包括鉴定检材“来源鉴真”规则与非法鉴定意见排除规则；鉴定意见 证明力采信规则的实质是同一认定的逻辑规则。以签名笔迹鉴定意见为例，法官 应主要从鉴定意见的特征点数量与质量、同一认定的条件标准与形式标准等方面 进行认证并采信。关键词：鉴定意见；刑事诉讼；庭审认证；彻底的事实审AbstractIn the current judicial context,the relationship between science and the law has transformed from the fusion relationship into the relation of understand and be understood.This relationship can only be utilized in the legal proceedings.In the criminal trial procedure,judge’s certificating of criminal expert opinion is the main manifestation of this relationship.Criminal Procedural Law(2012) changes the old conclusions to expert opinion.The change from conclusion to expert opinion makes it sure that trial certification has become the premise condition of the conviction and sentencing.However, there exists many problems in Chinas current certificating of criminal expert opinion which were mainly reflected in the subject’s lack of ability,the object’s lack of evidence ability,the defect in structure of cross-examination procedure and the error in certification as well as the parties seek relief through non normal channels.These problems make it hard for china’s criminal trial procedure especially the procedure of first instance realizing thorough fact trial from the perspective of the certification of expert opinion.So the key point to solve these problem is to establish a idea of thorough trial certification which makes the subject,object,method,security and responsibility of trial certification reach the standard of thorough.In this way,the trial certification to criminal expert opinion can meet the basic requirement.This paper consists of five part except the introduction and conclusion.The first part is theoretical of trial certification of criminal expert opinion.At the theoretical level,trial certification,criminal trial certification and trial certification of criminal expert opinion these three concepts have inclusion relation.Trial certification is different from the