日本法医鉴定体制现状与借鉴

Present situation and reference of forensic identification system in Japan

由于历史的原因,日本的法医鉴定体制既有参照德国模式建立的司法解剖,又有参照美国模式建立的行政解剖,此外还有承诺解剖和2013年实施的新法解剖。在日本,最先到达尸体现场并作出判断的是警察,而法医作为中立机构只负责尸体解剖及病理学检验,并不参与现场勘查。同时,由于日本解剖率较低,为了切实有效查明死因,防止警察死因误判和放纵犯罪的发生,政府和警察采取一系列有效措施,如积极推进死后CT、MRI检查、提高检视官临场率、实行死因查明计划和实行新法解剖等,以期完善本国的死因查明制度。

Due to the historical reasons, the forensic identification system in Japan has both the forensic autopsy referring to the German model and the administrative autopsy referring to the American model, respectively. Meanwhile, the consent autopsy and the new law dissection in 2013 are also included. In Japan, police arrive at the scene of death first and make a judgment. In contrast, legal medical experts do not participate in the scene investigation, they serve as a neutral agency and are only responsible for autopsy and pathology examination.In addition, due to the low rate of autopsy in Japan, the government and the police also take a series of effective measures to identify the cause of death and prevent the occurrence of misjudgment effectively such as actively promoting the postmortem imaging, increasing the attendance rate of the special police inspectors, implementing the plan for identifying the cause of death , implementing the new anatomy law and other measures, these are anticipated to perfect the system of the country＇s cause of death.