试析损伤参与度在法医学鉴定中的应用

On the Application of Injury Contributory in the Forensic Identification

在人身伤害案件中,参与度鉴定是量化分析致害行为与损害后果之间因果关系程度的基本方法,是确定致害行为人法律责任的关键。我国目前尚无统一的损伤参与度鉴定标准及操纵性强的量化工具,加之参与度操作难度大,存在应用不够广泛、重新鉴定案件较多等问题。用定量比例去判断外因与后果的关系,简便、准确、科学地分清责任和计算赔偿金额,是法医学鉴定发展的必然趋势。

In the case of personal injury, the contributory identification is the base quantitative method of the causality of behavior and the results, which is the key to sure actor legal responsibility. At present, our country has no unified quantitative strong manipulative tools and the standard of contributory identification. There have some problems such as contributory operation difficuhy, rarely used widely, appraisal again for more cases, and so on. We judge the relationship of external cause and result through the way on quantitative proportion, which is not only simple and accuracy, but science to distinguish responsibility and calculate the compensation. This is inevitable trend for the development of forensic identification.