论清代命案检验之终结及借鉴

On the Forensic Examination End Criteria of Homicide Cases in the Qing Dynasty and Its Referential Value

在清代,凡检验必须取得当事人的输服甘结,对于检验有质疑的,可随时具控,必要时发动覆检。并且原验官员、仵作于覆检时一般需再度到场,新的检验结论也建立在其输服基础之上。一旦证实原验有误,原检验官员、仵作则会受到严厉处分。为了取得输服,清代检验中比较注重公开性和交涉,清代检验对输服的强调是有其深刻的文化与制度成因的,从总体上看,其积极意义是明显的。通过对清代的研究,对比今日我国鉴定制度中的一些问题,可为我们提供若干借鉴。

In the Qing Dynasty,every inspection must obtain the party s willingness to Gan Jie(give in).If the inspection was questioned,it could be appealed to higher-ranking officials at any time and a review would be initiated if necessary.In addition,the original officials and the Wu Zuo(the man supporting officials to do medical examination served as a bailiff)usually needed to be present again when they were re-examined,and the conclusion of the new test was also based on the fact that they had given in.Once the original test proved to be wrong,the original inspection officials and the Wu Zuo would be severely punished.In order to get Gan Jie,the inspection in the Qing Dynasty paid more attention to openness and negotiation.The emphases of the inspection on Gan Jie have profound cultural and institutional causes.Generally speaking,its positive significance is obvious.By studying the Qing Dynasty and comparing it with some problems in today s criminal identification system in China,this will provide some reference for us.