关键词: 民事证据, 司法鉴定, 采信程序, 庭审实质化

Abstract: The new provisions on forensic appraisal in the New Regulations on Civil Evidence show that the Chinese judicial organs have noticed the problems in the field of forensic appraisal such as decentralization of starting right, falsification of examination procedures, and authentication superstition. From the point of view of normative interpretation, we should not only realize that the starting procedure of forensic appraisal under the inquisitorial system can solve the dilemma of multiple identifications and repeated identifications, but also admit that the adversarial debate in the examination procedure under the adversary system is more conducive to the accuracy of fact-finding. At the same time, the corresponding functional boundary of the inquisitorial system and adversary system shall be specified to lay the foundation for the system construction. Hence, the admissibility procedure for the forensic appraisal can be deconstructed into three stages: starting procedure, examination, and authentication: firstly, it is proposed that the starting procedure of forensic appraisal shall insist on the inquisitorial system and set boundaries for the right expansion of the parties concerned; secondly, guided by the concept of substantive trial, it is proposed at the examination procedure to lay down rules in respect of strengthening the obligation of expert appearance, establishing the pre-trial disclosure and cross-examination rules, and strengthening the examination of check samples; thirdly, guided by the trial-centered concept, it is proposed that the authentication procedure shall enhance the assistance of expertise at the certification stage to assist judges in adopting expert opinions.

Key words: civil evidence, forensic appraisal, adopting procedure, substantive trail