保辜制度中“二次鉴定”制度的现代性转化

The Modernity Transformation of the “Secondary Appraisal” System in the Insure Guilt System

保辜制度作为我国古代一项重要的刑事司法制度对现代司法仍有重要借鉴意义。基于现行人身伤害司法鉴定期限与审理期限的冲突、法律法规之间规定的鉴定期限不一致等问题,保辜制度中的“二次鉴定”制度可以有效解决上述冲突,完善人身伤害司法鉴定制度的体系性,促进恢复性司法建设。基于“二次鉴定”制度现代性转化过程中可能存在的潜在风险,通过明确其在审判实践中的具体适用,以促进“二次鉴定”制度更好地为现代司法实践服务。

As an important criminal justice system in ancient China, the insure guilt system still has important reference significance for modern justice. Based on the conflicts between the current judicial appraisal period for personal injury and the trial period, as well as the inconsistency between the appraisal periods stipulated by laws and regulations, the “secondary appraisal” system can effectively solve the above-mentioned con-flicts, improve the systematic nature of the judicial appraisal system for personal injury, and promote the construction of restorative justice. Based on the potential risks that may exist in the modernization transformation process of the “secondary appraisal” system, by clarifying its specific application in trial practice, we aim to promote the “secondary appraisal” system to better serve modern judicial practice.