中国司法鉴定Issue(3)：65-74,10.DOI:10.3969/j.issn.1671-2072.2026.03.007
立法视角下的司法鉴定主体资格准入制度构建
The Construction of the Forensic Appraisal Admission System from the Perspective of Legislation:A Comparative Study Based on Chinese and Foreign Norms
摘要
Abstract
The judicial appraisal admission system in China has gone through a change from dispersal management to consolidated management.However,it has the following shortcomings,such as vague and ambiguous approval conditions,low standards for admission,and overly flexible reviews that lack comprehensive verification of professional knowledge and practical skills,leading to a"lifetime"qualification of appraisals.Additionally,the selection and appointment system operates under a dual model with unclear application and lax enforcement.Assessment and continuing education are superficial,lacking mandatory measures and evaluation mechanism,which fail to create effective constraints.While the administrative-led management system ensures efficient organization and unified standards,it may compromise the independence and neutrality of appraisers.Based on international experiences,the judicial appraisal admission system in China can follow the following paths:(1)unifying the qualification review and selection procedures for appraisers with strict,detailed,and reasonable standards;(2)establishing a comprehensive and scientific qualification assessment system and integrating technical standards into the education system to elevate the professional level of appraisers from the outset;(3)accelerating the establishment of a national forensic appraisal association to leverage its role in qualification review,quality assessment,and industry self-regulation;(4)clarifying the scope of practice and practice standards for appraisers to prevent non-standard behavior;and(5)expediting the legislative process for forensic appraisal to improve relevant laws and regulations,thereby building a systematic and complete access system that promotes the professionalization,standardization,and legalization of the forensic appraisal industry in China.关键词
司法鉴定/立法/鉴定主体/资格准入Key words
forensic appraisal/legislation/subject of appraisal/qualification admission分类
社会科学引用本文复制引用
王旭,许可怡..立法视角下的司法鉴定主体资格准入制度构建[J].中国司法鉴定,2026,(3):65-74,10.基金项目
国家社会科学基金(重点)项目(25AFX014)阶段性成果. （重点）
