随着审判工作的日益科学化、规范化,作为一项诉讼行为的法医学鉴定,在审判活动中所显示的积极作用日渐得到社会的广泛肯定。特别是二审程序中的法医学活体损伤再鉴定的结论,为二审事实的认定和终审的改判提供了科学的依据。现就三例以资说明。例一,徐××,女,35岁,因邻里纠纷被一孕妇打伤。在地方医院作尿常规检验呈“血尿”,故诊断为“肾挫伤”。原法医仅就此鉴定其为“轻伤”。一审法院即以“故意伤害罪”判处被告人有 With the increasingly scientific and standardized trial work, the positive role of forensic science as a litigation act has been widely recognized by the society. In particular, the conclusion of the re-identification of forensic living injuries in the second instance procedure provides a scientific basis for the determination of the second instance facts and the final adjudication. Now three cases to explain. Example One, Xu × ×, female, 35 years old, was injured by a pregnant woman because of a neighborhood dispute. Urine routine tests in local hospitals were “hematuria”, so the diagnosis of “kidney contusion.” The original forensic only identified as “minor injuries.” The court of first instance sentenced the defendant to “intentional assault”