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诉讼中需要鉴定的专门性问题因为缺乏直接法律规定,实务中司法机关或当事人需要结合案件实际情况来判断,不免因为自身利益及出发点不同,对其内涵及外延有着不同的理解,而鉴定程序的使用也存在概念混淆、对具体程序认识不足的问题,导致诉讼中争议不断;本文试从鉴定本身含义入手,通过实际案件深层次分析当前诉讼中专门性问题界定及鉴定过程中存在的问题,并设计三个步骤予以解决。
Because of the lack of direct legal provisions in litigation litigation, judiciary or parties in practice need to judge according to the actual situation of the case, inevitably have different understanding of their connotation and extension because of their own interests and starting points. However, The use of the concept also has the concept of confusion, lack of understanding of the specific procedure issues, resulting in controversial litigation; This article try to identify the meaning of their own from the start, through the actual case-depth analysis of the current lawsuit in the definition and identification of specialized problems in the process and Design three steps to be solved.