论刑事诉讼中亟需关注的司法鉴定问题

    Problems of Forensic Appraisal in Criminal Proceedings

    • 摘要: 司法鉴定在刑事诉讼过程中具有重要作用,我国1996年刑事诉讼法修改吸纳当事人对抗制的合理因素,但对鉴定意见相关规则的完善并未见改革新举。随着全国人大常委会《关于司法鉴定管理问题的决定》、《司法鉴定程序通则》等法律法规的颁布,司法鉴定在立法与司法两个层面的认识有新的发展,亟待我们及时总结司法鉴定存在的诸多问题。通过剖析刑事诉讼中司法鉴定的四个热点问题,反思传统司法鉴定观念根源,以期完善鉴定证据制度的科学构建。

       

      Abstract: Forensic appraisal plays an important role in criminal proceedings. The amendments of criminal procedural law in 1996 have absorbed some reasonable factors of adversary system, but the evidence rules for forensic appraisal were still unchanged. Since the Decision of The Committee of People's Congress and the General Principal were published, the realization in both legislation and judicial practice has witnessed its development, and urged us to focus on the problems of forensic appraisal. Based on the current four forensic problems in criminal proceedings, traditional concepts of forensic science were analyzed, so as to promote the scientific development of forensic appraisal.

       

    /

    返回文章
    返回
    Baidu
    map