死因查明、认定制度的构建

发布时间：2019-01-14 08:11

【摘要】：由于我国现有的死因调查制度存在实体和程序方面的缺失,所以,近年来非正常死亡案件常常引发公共舆论的热议乃至质疑。从死者家属对死亡结论的认可过程看,存在一个由死者亲属与可能的行为人之间存在的纠纷转化为死者家属与公权力机关之间的"纠纷异化"过程。为解决这一问题,应以法治思维为引导,积极借鉴普通法国家和地区的法律制度及其司法实践,系统规划、科学构建,形成符合我国国情、社情的死因查明、认定制度。构建这一制度的关键就是死因查明、认定程序的司法化,即由人民法院审理非正常死亡案件,死因调查权辅助于死因认定权,可由公安机关或相关行政主管部门行使。构建死因查明和认定制度,应主要规范"非正常死亡案件"的界定、适用死因查明、认
[Abstract]:Due to the lack of substance and procedure in the existing system of death investigation in China, the abnormal death cases in recent years often lead to hot debate and even query by public opinion. From the recognition process of the death conclusion by the family of the deceased, there is a process from the dispute between the relatives of the deceased and the possible doer to the dissimilation of the dispute between the family of the deceased and the public authority. In order to solve this problem, we should take the thinking of rule by law as the guide, learn from the legal system and judicial practice of common law countries and regions actively, plan systematically and construct scientifically, and form the system of ascertaining the cause of death, which accords with the national conditions of our country and the social situation. The key to construct this system is to find out the cause of death, the judicature of the cognizance procedure, that is, the people's court tries the case of abnormal death, the right to investigate the cause of death is auxiliary to the right of determining the cause of death, which can be exercised by the public security organ or the relevant administrative department. To construct the system of identifying and determining the cause of death, we should mainly standardize the definition of "abnormal death case", apply to the identification of the cause of death, and recognize the cause of death.
【作者单位】：中国人民大学法学院;中国人民公安大学;
【分类号】：D925.2

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