解读新《刑事诉讼法》 推进司法鉴定制度建设

Progress of the Forensic Appraisal System in the New Criminal Procedural Law

新《刑事诉讼法》对司法鉴定制度做了如下修改:纠正了"鉴定结论"不准确的提法,还原了司法鉴定之本质;删除了"人身伤害的重新鉴定或者精神病医学鉴定由省级人民政府指定医院进行"的规定,理顺了司法鉴定体制;明确了鉴定人应当出庭作证的范围,确立了鉴定意见的传闻排除规则;增强了鉴定人参与诉讼的权利保护;增设了专家辅助人制度,使鉴定意见的质证程序有望实质化。这些修改是司法鉴定程序立法的重大进步,然而鉴定人权利保障体系尚有待健全。

The new Criminal Procedural Law has made the following revisions on forensic appraisal： it replaced ＂appraisal result＂ with ＂appraisal opinion＂,so that the nature of forensic appraisal is restored;it deleted the provision that re-appraisal of body injuries and mental illness should be conducted by hospitals designated by provincial level governments,so that the forensic appraisal system is more legitimate;it provided for the circumstances under which an appraiser should take the stand and established the hearsay rule for appraisal opinions;it strengthened the protection for the rights of appraisers;it introduced the expert assistant system,so that the cross-examination of appraisal opinions could be more substantial.These revisions are all progresses for the forensic appraisal system.However,the amendments to CPL dose not touch on the issue that who holds the right to initiate forensic appraisal.Besides,more protection for the appraisers’ right is needed.