Question

法律英语翻译（不要网上在线翻译的）

鉴定结论作为法定证据之一，需要通过正当程序查证属实实现证据功能。然而，受传统职权审判和鉴定方式影响，我国尚未建立证据查证的有关诉讼制度。当事人主义和辩论原则是现代诉讼制度的灵魂，也是我国司法鉴定改革着重解决的问题之一。专家证人制度是英美法系国家证据制度的重要组成部分。专家证人是指因具有专家资历而被许可通过其对所附问题的解答而帮助陪审团认识那些一般证人所无力说明的复杂或技术问题的证人。在英美法系国家，鉴定人被作为广义上的证人或充当一般证人来看待。专家证人制度对当事人诉讼权利的保护集中体现在鉴定的启动权分配，对专家证据的质证过程中。反观我国在司法鉴定程序中存在许多问题，本人通过比较分析的方法，认为在我国相关制度的构建中需要注意以下几个方面：善于以程序正义促进实体正义，在诉讼中注意确保当事人的诉权得以真正实现；法院应当具备在对抗竞争的鉴定程序运作中查清案件事实的能力，合理利用专家证据并且制约相对方权利的滥用。
通过对我国鉴定程序提出建议如下：在立法上确定鉴定人作为专家证人的法律地位，同时确定当事人鉴定启动权的内容和范围，赋予当事人聘请或委托专家证人的权利，强化专家证人出庭接受质证的制度，有力的保障当事人举证权、知情权和质证权，从而确立正当的程序保护。

Answer 1

手动翻的，译文如下：Identification of legal conclusions as evidence of the need to verify through the proper procedures to achieve true functional evidence. However, the traditional terms of reference and identification way affect the trial, the evidence has not yet been established in China to verify the litigation system. The parties and debate on principle is the soul of modern litigation system, but also focus on China's judicial reform identified one of the issues resolved. Expert witness system of common law countries is evidence of an important component of the system. Expert witnesses are qualified experts that is due to be attached to the license through its the answer to your question and help the jury understand that the general inability to witness that the complex technical issues or witnesses. In common law countries, were identified as broad as a witness or witnesses to the general view. Expert witness system on the parties to litigation to protect the rights of the concentrated expression in the identification of the right to start the distribution of expert evidence in the course of the Testimony. In contrast, China's judicial procedures in the identification of many of the problems, I comparative analysis of the methods that China's relevant system in the building of the need to pay attention to the following aspects: procedural justice to be good at promoting justice entities, in the proceedings to ensure that the right of appeal to the parties Real; Court should have the competition in the fight against the identification procedure in finding out the facts of the case the ability of rational use of expert evidence and constraints relative to the rights of the abuse.
Through the process of identification proposals are as follows: in the Legislative identified as an expert witness who identified the legal status, while identifying the parties the right to start the identification of content and scope, given the parties or by hiring expert witnesses the right to expert witnesses to strengthen the system to accept Testimony , A strong burden of proof to protect the parties, the right to know and the right Testimony to establish due process protection.

Answer 2

The expert's conclusion needs proved to be true realizing the evidence function through the proper proceduring as one of the legal evidences. However, are tried and determined the way was influenced, our country has not set up relevant lawsuit systems that the evidence is investigated and verified yet by the traditional functions and powers. Party doctrine and adversary system modern lawsuit soul of system, of our country judicial expertise problem that reform solves emphatically one of too. Expert Great Britain American and French department national evidence important component of system in system in witness. Expert refer to permit until their is for answers of question enclosed and help jury not to be lasted those witness complicatedness that prove unables generals to witness because of having expert's qualifications or Witness of the technological question.In Great Britain American and French department country, surveyor serve as general witness come, treat witness to regard as broad sense. System, witness of expert, embody a concentrated reflection of to party lawsuit protection of right determine start right assign, in the cross-examination course to expert's evidence. A lot of problems exist in the judicial expertise procedures to review our country, I pass the comparative analysis method, think that needs to pay attention to the following several respect in the construction of our country's relevant systems: Good at promoting entity's justice with procedure justice, pay attention to guaranteeing telling in the lawsuit right can be really realized of the party; The court should possess the ability to investigate the case fact in the qualification procedure operation which oppose the competition, utilize abuse of expert's evidence and right of the other side of restriction looks rationally.
Through determining to our country the procedure proposes the suggestion is as follows: Confirm a surveyor in legislating as witness' legal status of the expert, confirm the party determine that starts content and range of right at the same time, give party engage or trust expert right of witness, strengthen expert witness appear in court system to accept cross-examination, the strong guarantee party puts the right, right of being in know and cross-examination right to the proof, thus establish the proper procedure to protect.