关键词: 司法鉴定, 法制化, 《司法鉴定法》, 鉴定管理, 证据制度, 诉讼制度

Abstract: The legislation of forensic appraisal is the basis for the reform of the forensic appraisal system, and it is also an effective approach to alleviate the predicament of the forensic appraisal industry and promote the reform and development of forensic appraisal. From the viewpoint of commonweal attribute of forensic appraisal, on the basis of analyzing the current status and dilemma of the legislation of forensic appraisal in China, the authors take the view that the legislation of forensic appraisal is the requirement of the central policy, and is also the inevitable result of local practice and concept changes. In the process of forensic appraisal legislation, it is the most appropriate way to revise the Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal. During the revision process, attention should be paid to the specific mode, revision principles, and specific framework of forensic appraisal legislation in China. At the same time, it should focus on addressing key contents such as the position, management mode, identification standards, and identification procedures of forensic appraisal. Issues which get less attention, such as compulsory appraisal, legal aid and identification liens also require special regulations. These can accumulate experience and lay foundation for the formulation of the Forensic Appraisal Law.

Key words: forensic appraisal, legalization, Forensic Appraisal Law, appraisal management, evidence system, litigation system