论刑事鉴定结论的科学性怀疑
发布时间：2019-03-22 14:29
【摘要】： 鉴定结论作为我国现行刑事诉讼法规定的七大证据之一,在现代刑事诉讼中具有重要地位和作用。然而,现代科学技术的日新月异,给以科学技术为基础的司法鉴定带来了严峻的挑战。诸如杜培武杀人案、佘祥林杀妻案等典型冤假错案的发生,引起人们的深刻的反思,鉴定结论也不可避免地受到人们的指责。对于鉴定结论的科学怀疑主要表现在四个方面:一是鉴定结论的理论基础即科学理论本身的科学性;二是鉴定结论的法律特性与科学事实特性在逻辑上的不一致;三是鉴定结论形成过程中的诸多因素如鉴定人、鉴定规则等的影响;四是运用鉴定结论的法律程序的科学性,即人们如何对鉴定结论进行审查和评断。 在正确认识鉴定结论科学性的基础上,应当从两方面入手,一方面,要大力规范建设法庭科学这一学科,推动鉴定技术、鉴定规则、鉴定人等的不断发展;另一方面,要理顺证据的审查判断机制。科学理论、法庭科学理论的发展为鉴定结论的科学性提供了理论支持,鉴定技术的发展提供了更完善的技术手段,鉴定体制的商业化运作模式、鉴定人科学品质、鉴定规则等的完善则是鉴定结论科学性的重要保障。而鉴定人出庭作证、专家证人制度、专家辅助人制度等诉讼规则的实施将更有效地、准确地解读鉴定结论的科学性。
[Abstract]:As one of the seven major evidences stipulated by the current criminal procedure law in China, the conclusion of appraisal plays an important role in modern criminal procedure. However, the rapid development of modern science and technology has brought severe challenges to forensic expertise based on science and technology. Typical cases such as du Peiwu's murder and she Xianglin's murder of his wife have caused profound reflection and the conclusion of the appraisal has inevitably been criticized by the people. The scientific suspicion of the appraisal conclusion is mainly reflected in four aspects: one is the theoretical basis of the appraisal conclusion, that is, the scientific theory itself, the other is the logical inconsistency between the legal characteristics of the appraisal conclusion and the characteristics of the scientific fact, and the other is that the scientific theory itself is the scientific basis of the appraisal conclusion. The third is the influence of many factors in the forming process of the appraisal conclusion, such as the appraiser, the identification rule and so on; the fourth is the scientific nature of the legal procedure using the appraisal conclusion, that is, how to examine and evaluate the appraisal conclusion. On the basis of correct understanding of the scientific nature of the appraisal conclusion, we should start from two aspects. On the one hand, we should make great efforts to standardize the construction of the subject of court science, promote the continuous development of identification technology, identification rules, and appraisers, etc. On the other hand, we should straighten out the examining and judging mechanism of evidence. The development of scientific theory and court science theory has provided theoretical support for the scientific nature of the appraisal conclusion, and the development of identification technology has provided more perfect technical means, the commercial operation mode of the appraisal system, and the identification of the scientific quality of the human being. The perfection of the identification rules is an important guarantee for the scientific nature of the appraisal conclusion. The enforcement of the litigation rules, such as expert witness system, expert witness system and expert aided person system, will be more effective and accurate in interpreting the scientific nature of the appraisal conclusion.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D919.4
本文编号：2445671
[Abstract]:As one of the seven major evidences stipulated by the current criminal procedure law in China, the conclusion of appraisal plays an important role in modern criminal procedure. However, the rapid development of modern science and technology has brought severe challenges to forensic expertise based on science and technology. Typical cases such as du Peiwu's murder and she Xianglin's murder of his wife have caused profound reflection and the conclusion of the appraisal has inevitably been criticized by the people. The scientific suspicion of the appraisal conclusion is mainly reflected in four aspects: one is the theoretical basis of the appraisal conclusion, that is, the scientific theory itself, the other is the logical inconsistency between the legal characteristics of the appraisal conclusion and the characteristics of the scientific fact, and the other is that the scientific theory itself is the scientific basis of the appraisal conclusion. The third is the influence of many factors in the forming process of the appraisal conclusion, such as the appraiser, the identification rule and so on; the fourth is the scientific nature of the legal procedure using the appraisal conclusion, that is, how to examine and evaluate the appraisal conclusion. On the basis of correct understanding of the scientific nature of the appraisal conclusion, we should start from two aspects. On the one hand, we should make great efforts to standardize the construction of the subject of court science, promote the continuous development of identification technology, identification rules, and appraisers, etc. On the other hand, we should straighten out the examining and judging mechanism of evidence. The development of scientific theory and court science theory has provided theoretical support for the scientific nature of the appraisal conclusion, and the development of identification technology has provided more perfect technical means, the commercial operation mode of the appraisal system, and the identification of the scientific quality of the human being. The perfection of the identification rules is an important guarantee for the scientific nature of the appraisal conclusion. The enforcement of the litigation rules, such as expert witness system, expert witness system and expert aided person system, will be more effective and accurate in interpreting the scientific nature of the appraisal conclusion.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D919.4
【引证文献】
相关硕士学位论文 前1条
1 陈雨;刑事诉讼中的DNA鉴定问题研究[D];上海交通大学;2011年
，本文编号：2445671
本文链接：https://www.wllwen.com/shekelunwen/gongan/2445671.html
