人体损害的司法裁量权与伦理分析

The Justiciary of Injury and Relevant Ethical Analysis

诉诸法律的死亡与伤害案件呈多元化趋势,鉴定人、律师、法官与事件当事人之间关系日趋复杂。依据笔者的鉴定体会并结合我国司法实践,讨论多因素致人体死亡及伤害案件中的司法裁量权与伦理关系。细化相关法律条款势在必行,鉴定人的水平与道德是鉴定质量的保障,提升整体国民素质与经济水平是化解矛盾的关键,这是一项长期而艰巨的任务。

More and more forensic cases fall into conflicts in legal practice and show a dramatically polymorphic tendency. Due to the complexity of forensic cases in legal practice, the mutual relations among forensic experts, lawyers, Judges and the litigants are becoming more and more complicated. In this study, we discussed the correlation between the justiciary and social ethics based on authorstexperience and the practice of court in our country. It is concluded that the legal provision should be further detailed in the future, and the moral responsibility and professional spirit of experts are crucial to the identification quality. The key to relieving the contradiction among current injury identification practice, which is also a long - term and difficult work, is to promote the diathesis and economic degree of the citizens.