浅议我国刑事诉讼中法医重新鉴定的启动

Discussions on Forensic Reappraisal in Criminal Lawsuit

在刑事诉讼中,法医重新鉴定有利于彻底查清案件事实、提高鉴定质量,保障案件公正审理,但由于立法的不完善,其启动存在诸多问题。本文在总结这些问题的基础上,从建立完善的有关重新鉴定的法律体系、健全专家辅助人制度、立法明确重新鉴定次数等方面,提出了完善我国法医重新鉴定启动程序的建议。

In criminal lawsuit, forensic reappraisal is helpful to investigate the case thoroughly, improve the quality of identification, and safeguard fair trial. However, due to the imperfect legislation, there exist many problems in the start of the forensic reappraisal. In this paper, on the basis of the summary of these problems, the author put forward the suggestions of perfecting the starting procedures of forensic reappraisal in China from the perspectives of establishing the perfect legal system of the reappraisal, perfecting the system of expert auxiliary,clearing reappraisal times, etc..