人体损伤程度鉴定标准比较研究

Comparative research on the identifi cation standards of human body injury degree

《人体损伤程度鉴定标准》的颁布与实施是我国司法鉴定的重大进步,其在系统性、科学性、严谨性等方面均超越了过去的重伤、轻伤、轻微伤三项标准,但其中部分条款的适用在我国当下司法鉴定实践中仍存在一些问题。本文通过介绍《人体损伤程度鉴定标准》与过去鉴定标准相较的进步之处,并将我国司法鉴定标准与美、英、德、日等发达国家目前关于损伤程度的规定及鉴定现状进行比较,总结其中的差异,从横纵两个维度阐明《人体损伤程度鉴定标准》的进步性及其不足,以解决部分争议条款在实践中的适用问题。

It is a great improvement in China＇s forensic examinations that the Identification of Human Body Injury Degree has been issued and implemented. It surpasses the past three standards as severe injury, minor injury and slight injury in terms of systemicity, scientificity and rigorism. However, in the practice of forensic examinations in China, the application of some clauses in the Identifi cation Standards of Human Body Injury Degree is still problematic. To solve the problems in application of such controversial clauses, this paper introduces the progress the Identification Standards of Human Body Injury Degree has made in comparison with the former examination standards, compares the China forensic examination standard with the current rules of the injury degree and forensic examination activities in the United States, the UK, Germany and Japan, and summarizes the differences therein. Furthermore, this paper also illustrates the advantages and disadvantages of Identifi cation Standards of Human Body Injury Degree from both horizontal and vertical perspectives.