死刑复核中法医鉴定结论审查的特点与建议——基于634例统计分析

The Characteristics of and Suggestions on Review of Forensic conclusions in Death Sentence Review Cases——Based on Statistical Analysis of 634 Cases

本文通过对634例死刑复核案件中法医鉴定结论审查情况的回顾性分析,发现死刑复核案件中法医鉴定结论具有5个特点:(1)死刑复核案件中法医鉴定结论需要移交法医审查的数量较多:(2)死刑复核案件中法官对鉴定结论或其他技术性问题审查的能力普遍不足,且差异很大:(3)死刑复核案件中法医鉴定结论质量差异较大,经过一审、二审审理,死刑复核案件中的法医学鉴定结论仍然存在各种问题,其中结论依据不足,可能需要补充鉴定、重新鉴定或无法继续鉴定的约占8%左右;(4)死刑复核案件中法医鉴定结论是否需要移送法医审查,受鉴定结论本身和法官个人因素的影响:(5)随着死刑复核工作的开展,法官对法医鉴定结论审查的能力有所提高。根据统计的结果,本文对目前死刑复核案件中法医鉴定结论的审查模式给予了一定的肯定,并对审查模式的不足进行了初步分析,在此基础上提出了完善死刑复核程序中鉴定结论审查内容、审查程序,提高法官鉴定结论的审查能力,建立技术法官制度的建议。

Through a retrospective analysis of forensic conclusions in 634 death sentence review cases , this article discovers five characteristics of forensic conclusions in death sentence review cases. First, there is a quite large number of forensic conclusions required to be reviewed by e a forensic . Second, Judges are usually in short of ability to review forensic conclusions or other technical issues, and moreover, they conclude quite differently .Third, the quality of forensic conclusions is very different, although the case has already experienced the first and the second trial, there is still nearly 8 % of cases required to be supplemented with identification, re-identification or continue to identify due to the insufficiency of evidences. Fourth, whether the forensic conclusion is required to be reviewed is subject to the forensic conclusion itseff or the judge himself. Last, the judge＇ s review ability has been improving with the expansion of death sentence review work. According to the statistical result, this article gives certain affirmation to the present review system of forensic conclusions in death sentence review cases and points out its insufficiency. Based on these bases, this article puts forward a series of suggestions on improving the system from the perspectives of the examination content, the examination procedure and the judge＇s ability. Finally, the article wishes to establish a technical judge system.