Abstract:

Persons with expertise are different from forensic appraisers. Their responsibilities are to provide opinions regarding appraisers’ opinions. The law about persons with expertise is too general and lack of specific procedures. This is bound to bring many problems. We should make clear the position of the persons with expertise in litigation， and establish and improve the selection and cross-examination procedures and systems for these people.

Key words: persons with expertise, appraisal opinion, litigation position, participant in litigation

摘要：

“有专门知识的人”有别于鉴定人，其诉讼职责是就鉴定人作出的鉴定意见提出意见。法律对“有专门知识的人”制度规定得过于原则和粗疏，缺乏具体程序，必然会给实施带来诸多困难。应当明确“有专门知识的人”的诉讼地位，建立健全“有专门知识的人”的选任、出庭质证等具体程序和制度。

关键词: 有专门知识的人, 鉴定意见, 诉讼地位, 诉讼参与人