司法鉴定市场化与中立性矛盾与解决
The Contradiction and Resolution between the Marketisation and Neutrality of Judicial Identification

中立性对于司法鉴定至关重要，司法鉴定的中立性直接关系到司法公正的实现。司法鉴定中立性的首要特征就是鉴定机构的中立性，这便要求司法鉴定机构不仅局限于公安、检察机关内部，以客观社会主体开设的司法鉴定机构应运而生。然而，囿于立法滞后、监管缺位、市场环境混乱、鉴定主体良莠不齐等因素，鉴定机构违反公平、客观、合法、诚实守信等现象屡有发生，司法鉴定中立性与公信力难以保证。本文旨在通过对司法鉴定市场化与中立性矛盾进行梳理，提出完善顶层设计、构建法律规范框架、建立鉴定主体与鉴定人的准入与清退制度等矛盾解决途径，以期为新时代我国司法鉴定事业添砖加瓦。
Neutrality is of paramount importance to judicial identification, and the neutrality of judicial identification is directly related to the realisation of judicial justice. The first and foremost feature of the neutrality of judicial identification is the neutrality of the appraisal organ, which requires that judicial expertise institutions be not only confined to the public security and procuratorial organs, but also that judicial expertise institutions be set up with objective social subjects. However, due to the lagging legislation, lack of supervision, chaotic market environment, appraisal of the subject of good and bad factors, appraisal agencies violate the phenomenon of fairness, objectivity, lawfulness, honesty, and trustworthiness and other phenomena have occurred repeatedly, neutrality of forensic appraisal and credibility is difficult to guarantee. The purpose of this paper is to sort out the contradiction between the marketisation of forensic identification and its neutrality and put forward ways to solve the contradiction such as perfecting the top-level design, constructing the legal normative framework, and setting up the access and retirement system of the appraisal subject and the appraiser, with a view to adding bricks to the cause of China’s forensic identification in the new era