在刑事诉讼中,鉴定人处于独立和超然的地位。一方面,鉴定人应享有了解有关案情,获取充分的鉴定材料和所需的鉴定仪器,更新知识,拒绝无理要求等权利;另一方面,鉴定人也必须履行接受正当的指定鉴定和委托鉴定,公正如实并及时鉴定,必要时出庭作证等义务。有关鉴定人的问题在诉讼实践中日益凸显,应通过实行鉴定人资格制来规范对鉴定人的管理。

In Criminal procedure, expert witness is independent and unprejudicial. On the one hand, expert witness is entitled to know the case, to have access to relevant materials and equipment for the appraisal, to update knowledge, and to refuse unjustifiable demands; on the other hand, expert witness must fulfil the duties to accept legitimate demands of appointed appraisal and entrusted appraisal, to appraise strictly according to the facts impartialy and timely, and to serve as a witness at court as well when called upon. At present, the problems involving expert witness are becoming obvious in lawsuit practice. The qualification of expert witness mast be regulated by a system of verification.