基于笔迹鉴定意见形成原理的可采性分析

Admissibility of Analysis from Forming Principle of Handwriting Expert Opinion

针对近些年来冤假错案数量的增多,其背后暴露出的有罪推定等错误司法理念、关键性诉讼制度未能真正落到实处、侦查、起诉、审判等职能作用未能得到充分发挥等问题,有针对性地提出的若干改革举措。本文将基于笔迹鉴定意见的形成原理以及作出过程,对笔迹鉴定意见的可采性进行系统得分析。2012年《刑事诉讼法》修改中,将"鉴定结论"修改为"鉴定意见"。在2016年10月11日最高人民法院、最高人民检察院、公安部、国家安全部、司法部五个机关联合发布的《关于推进以审判为中心的刑事诉讼制度改革的意见》中强调了刑事诉讼制度改革的新方向是重证据,轻口供,完善了鉴定意见在诉讼中采信的规则。

In view of the increase in the number of unjust, false, and wrong cases in recent years, the erroneous judicial concepts such as guilty presumptions exposed behind them, the key litigation systems have not really been implemented, and the functions of investigation, prosecution, and trial have not been fully utilized. Problems, several targeted reform initiatives. This article will systematically analyze the admissibility of handwriting appraisal opinions based on the forming principles and the process of handwriting appraisal opinions. In the revision of the ＂Criminal Procedure Law＂ in 2012, the ＂appraisal conclusions＂ were revised to ＂appraisal opinions＂. In the ＂Opinions on Promoting the Reform of the Criminal Proceedings System Focused on Trial＂ jointly issued by the Supreme People＇s Court, the Supreme People＇s Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice on October 11, 2016, criminal prosecution was emphasized. The new direction of institutional reform is to emphasize evidence and confess confession, which has improved the rules for appraisal opinions in litigation.