中美法庭科学领域标准化工作比较研究

Comparison on Forensic Science Standardization between China and the United States

本文对中美两国法庭科学领域标准化工作的发展历程与现状进行了归纳总结。对两国法庭科学领域标准化管理机制、标准制订组织、技术委员会设立、委员组成与任期、委员会会议要求、经费保障、标准制订原则、制订标准的关注点、标准制修订项目来源、标准审批程序、投票表决规则、影响标准制修订质量因素的考量和标准应用等方面进行了深入全面的分析比较,指出了中美两国在法庭科学标准化工作方面的相似点和差异点,特别是指出中国的差距,以求为完善我国法庭科学领域标准化工作提供有益的参考。

This paper provides an overview of the development and current situation of forensic science standardization in China and the United States. With inquisition into standardization management mechanism of the two countries, the comparison was made among the items of standard organization construction, standard formulation and revision, and standard application. Similarities of forensic science standardization were found such as their management mechanisms, which are both dominated by government departments. However, there are some differences existing on various aspects. The Chinese standardization organization presents singleness but that of us diversified, meanwhile the standard review and approval procedure demonstrate the specificity of China＇s decentralization and US＇ centralization. Neither their voting regulations for forensic standards nor the focus of standard development is the same. In the United States, subcommittees are set up at a wider range of professional areas with more diversified and standardized membership forms and terms, and its committee meeting is more specific and operational with sufficient financial support. In order to ensure their quality and application, the formulation of US＇ standards, based on openness, concerns with more external factors which might affect the development of standards. The standards are set forth with more extensive sources, more coexistent of transformation and formulation, therefore more acceptable and easy to be implemented. Thus, the author calls for learning experience from American counterparts to narrow the gap between the two countries. By strengthening the building of standardization bodies and financial support to promote the effective application of consensus-based standards, a sustainable mechanism will be able to set up for the development and maintenance of standards in Chinese forensic communities.