关于刑事诉讼法修改中有关司法鉴定问题的思考

The Forensic Issues in the Amendment of Criminal Procedure Law

由省级人民政府指定的医院进行司法鉴定,不仅限制了司法鉴定机构的执业权利,造成法律适用上的混乱,而且在实践中也不具有可行性。此外,对于鉴定人无正当理由拒绝出庭作证的法律责任,无论是从法院与鉴定人的关系,鉴定人强制出庭作证来看,还是从司法拘留的适用性质来看,都不应当强制鉴定人出庭。上述是刑事诉讼法中有关司法鉴定的两个重要问题,应当借此次修改的机会,完善刑事诉讼领域的司法鉴定制度,促进法律协调统一。

That forensic medical appraisal is conducted by hospitals designated by the provincial government not only limits the right of forensic institutions to conduct their business, resulting in confusion of the application of law, but also is unfeasi- ble in practice. As for the legal liability for not appearing in court by an appraiser without justified reasons, the Criminal Pro- cedure Law should not force an appraiser to appear in court, considering the relationshi~ between a court and an appraiser, the mandatory appearance in court testimony by an appraiser, or the nature of judicial custody. The two important issues should be addressed in the Criminal Procedure Law Amendment to improve the forensic appraisal system in criminal procedure.