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

摘要： 通过梳理1979年以来民事鉴定意见质证实质化进程中的三重逻辑，发现第一重逻辑已实现从结论到意见的认知转变，但仍惯于从静态、结果视角审视鉴定意见；第二重逻辑中鉴定人出庭成效显著但规则宽泛，专家辅助人出庭制度确立，然其诉讼地位存争议，权利保障与角色不匹配；第三重逻辑里法官参与质证深陷定位模糊、能力不足窘境，质证辅助心证路径受阻。鉴于此，我国民事鉴定意见质证实质化需立足二元专家对抗格局：从“生命流程”角度动态洞察鉴定意见生成全过程；以“平等对抗”为基调，完善鉴定人出庭规则，释明专家辅助人“科学性”立场，结合其“技术代理”角色构建信息获取权利保障机制；推动法官提升质证能力，打通由质证到心证的路径，以更有效地应对现代之诉。

关键词: 民事鉴定意见, 专家辅助人, 鉴定人出庭, 质证, 心证