全面完整的死亡鉴定及其存在的问题与改进建议

On Comprehensive and Complete Death Identification and its Existing Problems and Suggestions for Improvement

"全面完整的死亡鉴定"是指包括死因及其相关问题在内的多项鉴定,即广义的"死因鉴定",而不仅仅指死因鉴定这一项。文章由分析研究102份尸体解剖报告文书和复核案例发现,我国死因和死亡鉴定存在4种主要问题,即尸解不规范、质量不高而直接影响了对死亡的准确鉴定,应当鉴定的项目却没有鉴定或鉴定不清,专业水平不高导致评判错误,法律和鉴定体制的缺陷影响鉴定机构的选择和及时鉴定等;进而提出重视和加强死亡鉴定的专业培训、改革鉴定体制、对重大疑难复杂和有争议的案例建立初检和复检制度、加快立法以从法律上为尸解和死亡鉴定保驾护航等建议。

"Comprehensive and complete death identification"refers to a wide range of"identification including the cause of death"and its related questions,that is the cause of death in its broad sense,but not just the cause of death.Through the analysis and study of 102 autopsy reports and recheck cases,it is found from this paper that there are 4 main problems in the identification of and death the cause of death in China:autopsy is not standard and the autopsy quality is not high,which directly impacts on death identification;the project that should be identified originally has not been done or the identification is not clear;the professional level is not high that directly leads to wrong judgment;the deficiency in laws and appraisal systems affect the choice of appraisal organizations and timely appraisal.Thus suggestions for improvement are put forward:pay attention to and strengthen the professional training of death identification;reform the appraisal system and establish a system of preliminary and reexamination for major,complicated and controversial cases;accelerate the legislation and escort for the autopsy and death identification legally.