关键词: 鉴定意见, 审判职能, 技术边界, 裁判职能

Abstract: Appraisal opinions assist in identifying specialized facts in litigation, protecting the parties’ rights to question and defend, and clarifying the correct distinction between the functions of forensic appraisal and judicial adjudication. However, as all litigants’ understanding of forensic appraisal increases, the phenomenon of “generalized appraisal” has become more pronounced in practice. Forensic appraisal gradually replaces judicial decisions in some cases. Meanwhile, there is a lack of effective cross-examination of appraisal opinions in litigation, and prosecuting agencies sometimes substitute thorough reasoning and analysis with repeated appraisals. This results in forensic appraisals exceeding their technical boundaries and encroaching on matters that should be decided by courts. Undoubtedly, this undermines judicial authority and fairness. Of course, the causes of this problem are multifaceted, including factors related to the users of appraisal opinions, the quality of appraisers themselves, as well as imperfections in litigation and appraisal rules. To prevent such problems, it is necessary to strengthen the reasoning in judicial documents when adopting appraisal opinions, improve appraisal and litigation rules, and establish a sound case guidance system. These measures will comprehensively clarify the use of appraisal opinions from the root, throughout the process, and from a preventive perspective, ensuring that appraisal opinions carry out true evidential effect within the appraisers’ professional scope.

Key words: appraisal opinion, judicial function, technical boundary, adjudicative function