Abstract: The application of appraisal opinions in litigation is an important achievement in judicial activities. However, because of the natural science attribute of appraisal opinions, it is difficult for the all parties who originally had difficulty in judging special issues，in the evaluation of the appraisal opinions. For example, in terms of laws and regulations, the relevant provisions in China on evidence evaluation of appraisal opinions are scattered and not systematic, so that the procedure is not standardized. In practice, the problem of repeated appraisal is still prominent. The weakness of all parties in the review of contradictory appraisal opinions, and the wrong cognition of the effectiveness of the appraisal opinions are all the causes of the dilemma of the evidence evaluation system of criminal appraisal opinions. In face of the situation, we should improve the compulsory appearance system of important appraisers to testify in court, the system of expert assistance and relevant supporting measures, so as to address the concerns of all parties quickly, effectively and orderly, to realize the optimal allocation of resources, and to achieve full cross-examination, and to realize the substantive cross-examination.

Key words: criminal procedure, appraisal opinion, evidence evaluation

摘要： 鉴定意见在诉讼中的运用是司法活动取得的重要成果，然而因鉴定意见具有自然科学属性，使得原本对案件中的专门性问题难以进行判定的诉讼各方在对鉴定意见进行评价过程中出现困难。如在法律法规方面，我国目前对于鉴定意见证据评价的有关规定较为散乱，并不系统，以致程序不规范。在实践中，重复鉴定问题依然突出，对于相互矛盾的鉴定意见，诉讼各方在审查上的无力、虚化，对鉴定意见证据效力的错误认知等均是刑事鉴定意见证据评价制度困境的成因。面对困境应完善重要鉴定人强制出庭作证制度、专家辅助人制度及相关配套性措施，以快速、有效、有序地解决各方疑问，实现资源优化配置，达到充分质证，实现实质化质证。

关键词: 刑事诉讼, 鉴定意见, 证据评价