论刑事鉴定意见证明力的评价

鉴定意见是一种证据，这属性决定了对鉴定意见必须经过庭审质证与其它证据相比对才能予以认定。刑事诉讼中仅审查鉴定意见本身难免有一定的局限性，必须将其与本案其它证据相结合起来审查进行综合判断才能做出准确结论。在评价鉴定意见的过程中，证明力是主要因素，但也应与证明能力结合综合认定。此外，判断刑事鉴定意见应注意证明能力与证明力的联系。

Evaluation of Probative Force from Criminal Expert Opinion

The expert opinion is a kind of proof, and this property determines that the correct expert opinion must undergo trial for cross - examination, compared with other evidence in order to be identified. In the crimi- nal proceedings, the expert opinion itself only will inevitably involve some limitations. Therefore, it must be combined with other evidences for the criminal case, in order to produce accurate conclusive judgments. In the evaluation process, the probative force of the expert opinion is a major factor; however, it should also be inte- grated with the proving ability. In addition, the judge should be aware that a criminal expert opinion should be interrelated with the proving ability and the probative force.