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鉴定结论是具有专门知识的人接受委托或聘请,运用自己的知识、经验或技能,对案件中专门性问题作出的判断或推论。鉴定结论既有主观性,又有客观性,是两者的辩证统一。鉴定结论形成的方式有逻辑判断、经验判断和规范评价。从本质上看,鉴定结论属于“专家意见”。目前,鉴定中使用的鉴定标准有3种:基于个人经验的主观性标准、基于逻辑实证主义的客观性标准和基于建构主义的社会普遍接受标准。在诉讼中,司法人员和当事人不能对鉴定结论预设过高的证明力。
The conclusion of the appraisal is that the person who has the specialized knowledge accepts the commission or the hiring and uses his own knowledge, experience or skill to make judgment or inference on the special issue in the case. Identification of conclusions both subjectivity, but also objectivity is the dialectical unity of the two. Identification of the conclusions formed by the logic of judgments, empirical judgments and normative evaluation. In essence, the conclusion of the appraisal is “expert opinion”. At present, there are three kinds of appraisal standards used in appraisal: the subjective standard based on personal experience, the objective standard based on logical positivism and the universally accepted standard based on constructivism. In the lawsuit, judicial personnel and the parties can not set too high a burden on the conclusion of the appraisal.