刑事立案前死因鉴定争议解决机制建构

Construction of the Dispute Settlement Mechanism for Appraisal of Death Cause before Filing Criminal Cases

在侦查机关根据本部门鉴定机构出具的死因鉴定意见而决定不予立案的案事件中,死者家属对鉴定意见有异议时,因为案件没有进入诉讼程序,所以没有通过审判程序解决对鉴定意见争议的机制,致使死者家属的诉求没有正常的解决渠道。为了得到死者死亡真相,促使相关公权力机关介入调查,死者家属通过上访、闹事,甚至引发社会性事件来寻求社会的关注。在我国刑事诉讼中建构刑事诉讼立案前司法鉴定意见争议解决机制,给予公民充分的参与权,可化解对刑事诉讼立案前鉴定意见的争议,维护社会的公平、正义、稳定。

Because the case, where the investigating organ decides not to file a case according to the appraisal opinion issued by the appraisal institution of this department, when the family members disagree with the appraisal opinion, has not entered the litigation procedure, there is no mechanism to resolve the dispute over expert opinions through the trial procedure, so that the demands of the families of the deceased are not satisfied. In order to get the truth of the death of the deceased, prompting the relevant public authorities to intervene in the investigation, the deceased family members seek petitions, riots, and even trigger social incidents. In the criminal procedure of our country, we should construct the dispute settlement mechanism of forensic expert opinions before filing criminal cases, give citizens full participation, resolve disputes over forensic expert opinions, and safeguard social fairness, justice and stability.