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本文阐述了司法鉴定的概念、性质和特点,提出了在司法改革的背景下,如何才能做到从鉴定公正到司法公正,以及关于国家权力之间,司法权与司法行政权的合理配置,司法制度与司法行政制度的关系,审判制度与司法辅助制度的合理分工、相互配合等问题。认为只有对司法鉴定统一管理,实行司法鉴定人职业准入制度,司法鉴定机构统一许可制度,统一技术标准,统一鉴定程序,才能解决当前司法鉴定活动中存在的突出问题,才能逐步将司法鉴定活动纳入法治的轨道,从根本上保障当事人诉讼地位和诉讼权利的平等。
This paper expounds the concept, nature and characteristics of forensic appraisal, puts forward how to make the fair appraisal from the appraisal to the judicial fair in the context of judicial reform, as well as on the reasonable disposition of judicature and judicial executive power between state power, The relationship between the system and the judicial administrative system, the reasonable division of labor between the judicial system and the judicial auxiliary system, and the mutual cooperation. It is considered that the forensic identification activities can be gradually brought into consideration only through the unified management of forensic appraisal, the implementation of the professional admittance system of forensic appraisers, the uniform licensing system of forensic appraisers, the uniform technical standards and the uniform appraisal procedure so as to solve the outstanding problems existing in forensic appraisal activities at present The track of the rule of law fundamentally guarantees the litigant status and litigious rights equality.