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专家证据的主客观统一性、事实针对性和证明相对性的特点,决定了专家证据具有证据资料、证据方法的性质。由于诉讼的过程就是运用证据查明案件事实的过程,现代诉讼中,一切事实必须用证据加以证明,这一观念早已经成为一项重要的“证据裁判原则”或者“证据裁判主义”的诉讼原则。法官通过借助专家发表意见来协助其认定案件事实,专家证据就成为作为证据材料引入到诉讼中的必然,并且具有查明案件事实,解读其他证据,鉴别和认定其他证据的诉讼功能。
The subjectivity and objectivity of expert evidence, the factual pertinence and the proof of relative character determine the nature of expert evidence with evidence and evidence. Since the process of litigation is the process of using the evidence to ascertain the facts of a case, all the facts in modern litigation must be proved by evidence. This concept has already become an important principle of “evidence referee” or “evidence referee” The principle of litigation. Judges assisting a judge in asserting the facts of a case by giving his opinions through expert testimony, and expert evidence becomes inevitable as evidence to be introduced into a lawsuit and has the function of litigation in ascertaining the facts of a case, interpreting other evidence, and identifying and certifying other evidence.