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司法鉴定启动程序,即诉讼过程中由哪些诉讼主体决定是否聘请、指派或委托鉴定机构,对案件中涉及的专门性问题进行鉴别、判断的程序。近年来,我国司法实践中发生了一些与司法鉴定启动程序密切相关、备受争议的案件,例如2006年发生于陕西的邱兴华案,在审理过程中,被告人的家属几次三番提出对邱兴华进行精神病鉴定的申请,却始终没有得到司法机关的同意。该案的司法鉴定启动问题引起法学界对我国鉴定启动制度的反思。又如2008年贵州瓮安事件的导火线——李树芬死因鉴定问题,由于死者家属对溺水女孩李树芬的死因鉴定结果不满,对公安机关委托的鉴定产生强烈的不信任,导致一宗普通刑事案件愈演愈烈,最终酝酿成一场令人震撼的群体性事件。诸如此类的案件从不同角度折射出我国当下刑事司法鉴定启动制度还存在众多不尽如人意之处,这些缺憾也大大削弱了司法鉴定的权威性。
Judicial identification of the start-up process, that is, the process of litigation by the litigation body to decide whether to hire, assign or entrust the appraisal agencies, the cases involved in the identification of specific issues, judgments. In recent years, there have been many controversial cases in judicial practice in China that have been closely related to the procedure of judicial identification. For example, in the case of Qiu Xinghua, who took place in Shaanxi Province in 2006, during the trial, the family member of the accused repeatedly proposed psychiatric identification of Qiu Xinghua The application has never been the consent of the judiciary. The launching of forensic appraisal in this case has caused the reflection of jurisprudence on the system of appraisal initiation in our country. As another example, the culmination of the 2008 Weng’an incident in Guizhou - Li Shufen cause of death identification, as the deceased’s family drunken girl Li Shufen the result of dissatisfaction with the identification of the appraisal commissioned by the public security authorities have a strong lack of confidence, leading to an increasingly intensified criminal cases, Eventually brewing into a stunning group events. Cases such as these reflect from different angles that there are still many unsatisfactory places in the initiation system of criminal justice appraisals in our country. These shortcomings have greatly weakened the authority of judicial appraisals.