关键词: 司法鉴定错误, 错误本质, 致错因素, 制度意涵

Abstract: Disputes over forensic appraisal errors are common in judicial practice. The fundamental cause lies in the unclear understanding of the nature of such errors, which in turn prevents accurate definition of forensic appraisal errors. This paper focuses on the core question of “What constitutes a forensic appraisal error?” and unfolds the discussion in three parts. First, by answering “What is an error?”, it establishes the premise for defining forensic appraisal errors. Second, through sorting out the objects of description and the essence of forensic appraisal errors, it clarifies the definition of such errors. Finally, it analyzes the contributing factors of forensic appraisal errors, including human factors, tool factors, evidence factors, and normative factors, thus identifying the causes of the errors. Clarifying the boundaries of forensic appraisal errors can promote the improvement of forensic appraisal legislation and the system for expert opinion admission. Meanwhile, it will facilitate the continuous optimization of forensic appraisal technical standards and quality control systems.

Key words: forensic appraisal error, nature of error, error-causing factor, institutional implication