当事人自行委托鉴定之比较研究
A Comparative Study on the Appraisal Entrusted by the Parties Themselves

在我国的立法与司法实践中，自行委托鉴定在民事诉讼中的应用具有一定的地位，但其法律性质和定位一直不够明确。鉴于自行委托鉴定不属于任何一种法定的证据形式，当传统证据理论无法对其进行准确定位时，我们应当转变视角。具体来说，可以将当事人自行委托鉴定视为当事人陈述。当事人自行委托的鉴定机构给出的鉴定意见往往存在一种矛盾情况：其一，对方当事人通常对该意见存在较大异议；其二，法官却常常表现出高度的信任并予以采纳。
In China’s legislative and judicial practice, the application of self-commissioned appraisal holds a certain position in civil litigation. However, its legal nature and positioning have always been unclear. Given that self-commissioned appraisal does not fall into any of the statutory forms of evidence, when the traditional evidence theory is unable to accurately position it, we should change our perspective. Specifically, the self-commissioned appraisal by the parties can be regarded as the statements of the parties. The appraisal opinions given by the appraisal institutions commissioned by the parties often present a contradictory situation: First, the opposing party usually has great objections to such opinions; Second, the judge often shows a high degree of trust in them and accepts them.