关键词: 鉴定意见, 鉴定人的受质权, 专家辅助人, 鉴定人的收费权

Abstract:

Along with the amendment of the Criminal Procedure Law and Civil Procedure Law， some changes have taken place in the forensic appraisal system. The author analyses the new appraisal system regulated by the new procedure laws and points out that they have not only great progresses but also some defects. The key progresses are： renaming the term “appraiser’s conclusion” as “appraiser’s opinion”； empowering parties in civil litigation to apply for appraisal； making clear the situation that an appraiser must appear in court and the legal consequences of the appraiser’s non-appearance in court； providing appraisers with special protection in serious criminal cases； establishing the expert assistant system to meet the demand of cross-examination of appraisers in court and the demands of appraiser’s being cross-examinated； abolishing the practice of designating appraisal organization for two types of appraisals. The main defects are： in criminal cases， defendants have no right to apply for mental disorder appraisal； appraisers are the objects being selected or assigned by the parties or the people’s court； the right of appraisers to charge for service is neglected and the appraisal charge is regarded as the fee for appearing in court by appraisers； the distinction between a lay witness and an appraiser is not made clear.

Key words: appraiser’s opinion, cross-examination of appraisers, expert assistant, appraiser’s right to charge