析人体损伤程度鉴定的操作原则

Analysis on the Operating Principles of Human Injury Assessment

对人体损伤程度鉴定意见的要求就是"程序合法、结论准确"。程序是否合法,法医鉴定人主动作为的作用较小;而"结论准确",却是法医鉴定人必须追求和努力做到的并为此而需要掌握损伤程度鉴定的基本操作原则。鉴定操作原则和鉴定原则不同,它是法医鉴定人在面对每一起损伤程度案件鉴定时所应展现的专业水准,是对每一起损伤程度鉴定时的操作方法。本文通过对53起鉴定意见不一致的损伤程度鉴定案件进行分析,认为法医鉴定人在损伤程度鉴定时需把握的操作原则是:明确外伤病史;损伤的法医学认定要准确;损伤机制与结果之间具有因果关系;伤病关系划分要清晰。

Legal procedure and accurate conclusion are the requirement to assessment opinion of human body injury degree.Whether the procedure is legal or not has little effect on the initiative of the forensic examiner;while accurate conclusion is what the forensic expert must pursue and diligently achieves and therefore it is the basic operating principle which needs to be grasped.Assessment operation principle is different from appraisal principle,which is the professional standard that forensic appraisers show when they face each injury assessment,and the operation method of each injury assessment.Based on the analysis of 53 cases of injury assessment with inconsistent opinions,this paper holds that the operating principles that forensic appraisers should grasp in injury assessment are:defining the history of trauma;identifying forensic appraisal of injuries accurately;establishing the causal relationship between injury mechanisms and outcomes;and identifying injury-disease relationship clearly.