DNA鉴定意见的审查与规制研究——以卢荣新案为样本

A Study of Reviews and Regulation on DNA Appraisal Opinion——On the Basis of LU Rongxin Case

在刑事诉讼中,DNA鉴定意见是判断人身同一性的关键证据,往往是有罪证据体系的支柱。通过分析卢荣新案发现,DNA鉴定过程中易发生检材提取时间不明晰、保管时交叉污染和鉴定时片面选择等问题。这是鉴定人员程序规则意识淡薄、鉴定启动的职权主义和鉴定技术的局限性造成的。因此,应严格审查DNA检材来源清晰可靠、保管链完整可查和鉴定程序合法规范等内容,从鉴定室管理规范化、鉴定人责任制、完善鉴定意见采信规则三大方面,确保DNA鉴定意见的证明力。

In criminal proceedings, DNA appraisal opinion is the key evidence for judging personal identity and is often the mainstay of the guilty evidence system. Through the analysis of Lu Rongxin case, it is found that the appraisal process is prone to problems such as unclear extraction time, cross-contamination during storage and one-sided selection during appraisal. This is caused by the lack of awareness of the procedures of appraisers, the unilaterality of appraisal start-up and limitations of appraisal techniques. Therefore, it is necessary to strictly review the clear and reliable source of DNA materials, the complete of the chain of custody and the legalization of the identification procedures. From the three aspects of the standardization of the appraisal room management, the accountability of appraisers, and the making up admissible rules of appraisal opinions, ensure the ability to prove fact proficiency.