关键词: 民事鉴定意见, 专家辅助人, 鉴定人出庭, 质证, 心证

Abstract: By sorting out the triple logic underpinning the substantiation process of cross-examining civil appraisal opinions since 1979, we find that the first dimension has achieved a cognitive shift from conclusion to opinion, yet still tends to examine appraisal opinions from a static, results-oriented perspective. In the second dimension, appraisers’ court appearances have yielded notable effects, but the relevant rules remain overly broad; while the system allowing expert assistants to appear in court has been established, their litigation status remains controversial, with a mismatch between rights protection and role positioning. As for the third dimension, judges’ participation in cross-examination is mired in a dilemma of ambiguous role orientation and inadequate professional competence, which blocks the path connecting cross-examination to the formation of judicial conviction. In view of the above, the substantiation of cross-examination for civil appraisal opinions in China should be based on the binary framework of expert confrontation. First, it is imperative to dynamically grasp the entire generation process of appraisal opinions from a life-cycle perspective. Second, guided by the principle of equal confrontation, we should refine the rules governing appraisers’ court appearance, clarify the scientific position of expert assistants, and establish a right protection mechanism for them to obtain information throughout the judicial authentication process in light of their role as technical representatives. Third, efforts should be made to enhance judges’ cross-examination capabilities, thereby smoothing the path from cross-examination to judicial conviction and enabling a more effective response to modern litigation.

Key words: civil appraisal opinion, expert assistant, appearance of appraisers in court, cross-examination, judicial conviction