民事鉴定委托制度的现存问题与对策

《司法鉴定程序通则》里面没有专门详细论述司法鉴定委托制度,造成实践中的诸多误读和争议,比如法院对当事人鉴定申请的委托期限,法院是否有权限制当事人对鉴定机构的选择,法院能否预收鉴定费用,法院能否拒绝委托当事人在二审期间提交的鉴定申请以及当事人能否自行委托进行司法鉴定等问题.这些问题在实践中已经严重影响了司法鉴定制度的正常健康运转.为了保障司法鉴定的科学公正,必须详细规定鉴定委托程序,使司法鉴定制度本身得到进一步的完善.

The Existing Issues of the Submitting Procedure of Civil Forensic Appraisal System and Their Jurisprudential Analyses

the submitting procedure of civil forensic appraisal system is not clearly clarified in the general rules of forensic appraisal procedure, which had already incurred too much misunderstanding and controversy. Issues like the submitting time limit of the the court, the power to limit the choices of appraisal institution of suit parties, the receiving of appraisal fee by court, the denying of appraisal application in second trial, and the submitting right of the parties themselves have long been puzzling us and severely streatening the healthful operation of the forensic appraisal procedure. In order to secure the scientific and justice nature of judicial forensic procedure, the appraisal submitting system must be particularly stipulated, which would make sure the perfection of the procedure itself as a whole.