中国司法鉴定Issue(1)：1-11,11.DOI:10.3969/j.issn.1671-2072.2024.01.001
司法鉴定法律的二元结构分析
Analysis on the Dual Structure of Forensic Appraisal Law
摘要
Abstract
Forensic appraisal as an expert identification activity and opinion evidence in the judiciary,has multifaceted characteristics.To ensure its objectivity,impartiality,scientificity,and credibility,different laws are needed to regulate it from different aspects.There are different types of dual structures in these laws,including the subject duality of"producers"and"users"in forensic appraisal legal relationships,the administrative management of forensic appraisal laws and the duality of forensic procedures,and the duality of forensic appraisal in litigation procedures.Due to differences in functions and different regulations on forensic appraisal,different laws are prone to conflicts,so it is necessary to coordinate and solve such problems.By analyzing the dual structure of forensic appraisal law,based on the analysis of the problem and its causes,the principles for solving the coordination problem of the dual structure are established,and reference ideas are proposed for resolving the legal problems of the dual structure.关键词
司法鉴定/独立公正/法律规则/二元结构/协调原则Key words
forensic appraisal/independence and justice/legal regulation/dual structure/principle of coordination分类
社会科学引用本文复制引用
王敏远,李嘉..司法鉴定法律的二元结构分析[J].中国司法鉴定,2024,(1):1-11,11.基金项目
社科基金重大招标项目(18ZDA144). （18ZDA144）
