艾明 庄嘉伟

(西南政法大学法学院，重庆 401120)

【摘 要】2021年施行的《刑诉法解释》第100条赋予了专门性问题报告证据资格，以发挥其在实践 中证明案件事实，对各类证据报告进行“兜底”等功能。目前，专门性问题报告包括鉴定意见类、检验 报告类、价格认定类、专家意见类等。在实践中，专门性问题报告存在着出具主体“降格”、报告被混同 适用、以外在形式审查替代内在实质审查等适用问题，究其原因在于专门性问题报告证据属性不清、“专 门性”界定不明、报告类型模糊、缺乏科学审查标准等规范性问题尚未解决。鉴于此，应从增设“专家 报告与专家陈述”证据类型、适度放宽对“专门知识”界定、建立对“专门性问题”审查的指导原则、 规划专门性问题报告证据类型、构建科学审查机制等方面入手加以解决。

【关键词】专门性问题报告;预期功能;实践适用;证据法;机制完善

【中图分类号】D915.13

【文献标识码】A

【文章编号】1674-1226(2023)03-0261-17

Research on evidence law of specialized issue reports. Ai Ming, Zhuang Jiawei. Law School, Southwest University of Political Science and Law, Chongqing 401120, China.

【Abstract】Article 100 of the Interpretation of Criminal Procedure Law, which enters into force in 2021, grants evidentiary qualifications to reports on special issues,, so as to give full play to its functions of proving the facts of cases in practice and "covering all kinds of evidence reports". Currently, reports on specialized issues include appraisal opinions, inspection reports, price determination, expert opinions, etc. However, there are some applicable blind spots, such as reports on specialized issues becoming a "safe haven" for all kinds of defective reports, the confusing or biased application, and replacing the internal substantive examination with the external attribute examination of the report. The reason for this lies in the unresolved normative issues as regards specialized issuereports, such as unclear evidence attributes, unclear definition of "specialization", the vague types of evidence reports, and lack of scientific review standards. In view of this, it is necessary to set up additional evidence types of "expert reports and expert statements", to broaden the definition of "specialized knowledge", to establish guiding principles for examining "specialized issues", as well as build scientific examination mechanism, so as to solve the problems.

【Key Words】Reports on specialized issues; Expected function; Practical application; Evidence law; Mechanism improvement