司法鉴定援助的制度重构

System Reconstruction of Forensic Appraisal Assistance

司法鉴定援助工作已经历了很长时间的地方性实践,理论界也就司法鉴定援助进行了不少的研究。由于缺乏国家层面的统一规范,各地司法鉴定援助工作在与法律援助制度的若即若离之下呈现出多样化的模式,存在定位不明、标准不一等诸多问题。为了解决地方各行其是之现状,司法部决定制定统一规范,通过司法鉴定与法律援助工作衔接的规范化管理,进行全局性指导。但由于司法行政机关的局限性,其旨在以人民为中心为立足点,解决当下经济困难群众申请鉴定难的问题,而缺乏司法鉴定援助所涉因素的通盘考虑。从长远来看,司法鉴定援助制度的形成应将着眼于司法鉴定本身在诉讼程序中的定位,厘清各方关系,明确制度职能,并借助于前期地方和国家的制度成果,进一步对司法鉴定援助制度进行重构。

The forensic appraisal assistance has experienced a long period of local practice,and the theoretical community has also conducted a lot of research.Due to the lack of unified standards at national level,the forensic appraisal assistance work in various regions presents a diversified model and keeps a lukewarm relationship with the legal aid system.There are many problems such as unclear positioning and different standards.In order to solve the current situation of local governments carrying out the work in their own way,the Ministry of Justice has decided to formulate unified regulations to provide overall guidance through standardized management of the connection between forensic appraisal and legal aid.However,due to the limitations of forensic administrative agencies,with the people as the center,their foothold aims to solve the current problems for people in economic difficulties in applying for identification,and lacks a comprehensive consideration of the factors involved in forensic appraisal assistance.From a long-term point of view,the formation of forensic appraisal assistance system should focus on the position of the forensic appraisal itself in litigation process,clarify the relationship between the parties,and clarify the functions of the system.With the aid of the early achievements of the local and national system,this article further reconstructs the forensic appraisal assistance system.