CAJ | 학술논문

随着科学技术的飞速发展，专家证据在诉讼中发挥着越来越重要的作用。在英关法系国家，专家证据制度在专家证人资格规定上的广泛性和选任上的自由性，使其在适用上具有灵活性和实用性的特点，其详细而完备的专家证据可采性规则，更是司法经验的积累与法官智慧的结晶。英美法系国家的专家证据制度和大陆法系的鉴定制度，在近些年的改革中呈现出共同的趋向，如启动程序的多样化、过错责任的严格化和庭审对抗的强化，这为完善我国司法鉴定制度、准确适用新刑诉法中有关专家辅助人的规定以及充分发挥专家证据的作用开启了新的思路。面对我国司法鉴定中依然相当混乱的鉴定主体问题，构建鉴定人、专家顾问和专家辅助人三位一体的司法鉴定主体格局，或许是一条比较合理可行的出路。
수착과학기술적비속발전，전가증거재소송중발휘착월래월중요적작용。재영관법계국가，전가증거제도재전가증인자격규정상적엄범성화선임상적자유성，사기재괄용상구유령활성화실용성적특점，기상세이완비적전가증거가채성규칙，경시사법경험적적루여법관지혜적결정。영미법계국가적전가증거제도화대륙법계적감정제도，재근사년적개혁중정현출공동적추향，여계동정서적다양화、과착책임적엄격화화정심대항적강화，저위완선아국사법감정제도、준학괄용신형소법중유관전가보조인적규정이급충분발휘전가증거적작용개계료신적사로。면대아국사법감정중의연상당혼란적감정주체문제，구건감정인、전가고문화전가보조인삼위일체적사법감정주체격국，혹허시일조비교합리가행적출로。
With the fast development of science and technology, expert evidence has been playing a more and more important role in the criminal procedure. In Common Law countries, due to the variety of subjects and freedom of choosing expert witnesses, the system of expert witness has its own charac- teristics of flexibility and practicability in its application, and its rules of admissibility for expert evi- dence are rather complete and realistic. However, from the aspect of practice and compared with the system of expert evidence in Civil Law countries, each system has its own demerits which can＇ t be overcome by itself, such as the incli- nations of expert opinions and the abuse of expert witnesses in Common Law System, and the lack of review and check for the conclusions of authentication in Civil Law System. Therefore, in recent dec- ades, the two systems have taken measures to reform their regulations by learning from each other. Moreover, some common trends and values are turning up in these two legal families, such as the di- versification of starting procedure, the more strictness of expert＇ s liability and the stronger atmos- phere of trial confrontation. The system of judicial authentication in China has to be further perfected by learning some valua- ble experiences from two related systems. Actually, above common trends may become the new ideas to solve those problems as well as to implement the related stipulations of the new Criminal Procedure Law well. While re-thinking the problem of the confused subjects of the judicial authentication, we may use appraisers, referees and expert witnesses at the same time so as to meet the different require- ments in the trial.