侦鉴一体的弊端与改造

The Defect and Reform of Forensic Institutes Affiliated to Investigation Organs

近年来我国刑事诉讼中暴露出的冤假错案多涉及自侦自鉴,严重影响司法鉴定的中立性和权威性。侦鉴一体从建国初期我国司法鉴定机构的设置上便已根深蒂固,2005年全国人大常委会《关于司法鉴定管理问题的决定》保留侦查机关内设鉴定机构的做法过于妥协。狭隘的部门利益观念、对侦查与鉴定关系认识的误区、以前苏联鉴定体制为模型的移植是侦鉴一体的主要成因。侦鉴一体既造成司法鉴定多头管理的后果,又影响鉴定中立,还混淆侦查鉴定与司法鉴定的差异。鉴定中立性是鉴定程序正当的底限。侦鉴分离是保证刑事鉴定主体中立性的基本要求。侦查中应由中立第三方鉴定机构配合侦查机关出具鉴定意见,从而提高侦查中司法鉴定程序的正当性。

In recent years, many misjudged cases were related to the forensic appraisals provided by the investigation organs, and the neutrality and authority of forensic appraisal have been seriously damaged. Forensic institutes affiliated to the investigation organs have been existed ever since the early years of the new nation. The ＂Decision on Forensic Science Administration＂ by the Standing Committee of the National Peoples＇ Congress in 2005, legitimatized the forensic institutes attached to investigation organs due to compromise. The sectional interest, the misunderstanding of the relationship between investigation and appraisal, the copy from the system of the former Soviet Union are the main reasons to these phenomena. Forensic institutes affiliated to investigation organs caused some problems such as the multiple managements, the lack of neutrality and the mix up of differences between investigation and appraisal. Neutrality is the bottom line of due process of forensic appraisal. The separation of forensic institutes and investigation organs is the basic requirement for forensic appraisal institutes to keep neutrality. Forensic appraisal should be provided by neutral institutes, so as to promote the justification of forensic proceedings.