浅议鉴定文书对立统一的语言特点

On the Language Characters of the Unity of Opposites in Forensic Examination Reports

鉴定文书作为一种司法文书,要保证其法律的严肃性、公正性;同时它又是一种类似科学报告的特殊文书,要具有科学性、客观性。目前讨论大多停留在原则层面上,对具体制作语言要求涉及不多。其实,只要正确地处理好文书语言的中立性与预断性、准确性与模糊性、简略性与详解性以及针对性与相关性等四者间对立统一的特点,司法鉴定就很好地履行法律所要求的客观"翻译"工作,同时也降低鉴定人的风险责任。

As a kind of judicial documents, forensic examination reports should have the character of seriousness and impartiality; and at the same time, as a kind of documents similar to scientific reports, forensic examination reports should have the essence of scientifieity and objectivity. At present, most discussions on forensic examination reports are focused on principle issues, few refer to wording requirements. In fact, as long as the four unity of opposites relationships between objectivity and impartiality, accuraey and obscurity, briefness and details, pertinence and relativity are dealt with reasonably, the ＂interpretation work＂ of forensic examination required by law could he performed properly, and the risk for forensic examiners could also be reduced.