Abstract: The power to initiate judicial appraisal is a comprehensive issue, with substantive, procedural and double features. In allocating the power to initiate and practice thereof, there exist the following phenomena: lack of legal norms, over-expansion of public power, weakness of the defense, as well as a non-perfect supervision and relief mechanism. To improve the power to initiate judicial appraisal, the basic principles of neutrality of judgments, balancing of both defending and prosecuting groups, effective participation and efficiency of the litigation must be considered. At the same time, the system should be reformed and reorganized.

Key words: judicial appraisal, power to initiate, allocation of power, supervision, remedy

摘要： 司法鉴定启动权是一项综合性权能,具有法律性、程序性和双重性的特点。在我国司法鉴定启动权的配置和运行中存在着法律规范严重缺失、公权力过于膨胀、辩护方力量薄弱以及监督、救济机制不健全等诸多问题。优化我国司法鉴定启动权应遵循裁判中立、控辩平衡、有效参与和诉讼效率等基本原则,并进行相关的制度改革与重构。

关键词: 司法鉴定, 启动权, 权力配置, 监督, 救济