关键词: 专家, 司法鉴定, 角色定位

Abstract:  As a “carrier” of science, technology or other special knowledge, functions of experts is more and more extensive in litigation. Because of the difference of the litigation mode, experts have different role in solving special problems. In the adversarial system, experts act as the evidence method of litigants and in the inquisitorial system, experts are regarded as the assessor of the judge. With the combination of the two legal systems, experts act as the litigant’s evidence method as well as the judge’s assessor. The forensic appraisal system in our country has been enrooted with inquisitorial doctrine, experts act as the judge of special problems. We should learn from the practice of Germany and Japan, and position the experts as the assessor of judges as well as evidence method of litigants. We should improve the forensic appraisal system by making clear the nature and relationship between the right to start the appraisal, the right to carry out the appraisal, and the right to examine the appraisal opinion.