中国司法鉴定Issue(2)：89-97,9.DOI:10.3969/j.issn.1671-2072.2026.02.011
医疗事故罪中鉴定意见审查判断问题研究
Research on the Examination and Judgment of Appraisal Opinions in the Medical Malpractice Crime
肖萍 1胡俊杰1
作者信息
- 1. 北京师范大学 法学院,北京 100875
- 折叠
摘要
Abstract
In the medical malpractice crime,appraisal opinions,which are widely used as scientific evidence,play a pivotal role in the determination of facts such as the constitutive elements of the crime.However,in judicial practice,the current mechanism for reviewing appraisal opinions tends to be formalized and passive.The theoretical differences in identifying"seriously irresponsible"and the substantive review of scientific issues have become two major problems in the review of appraisal opinions,and the review of different types of appraisal opinions also lacks a differentiation mechanism.By increasing the responsibility of investigation and prosecution organs for preliminary review,strengthening the substantive review in the trial stage from the perspectives of review standards,professionals,and identification models,and distinguishing between various types of appraisal opinions on the basis of the"dualistic"appraisal mechanism in the medical malpractice crime,it is possible to effectively break through the existing dilemma of reviewing appraisal opinions in this area.关键词
医疗事故罪/科学证据/鉴定意见/审查Key words
medical malpractice crime/scientific evidence/appraisal opinion/examination分类
社会科学引用本文复制引用
肖萍,胡俊杰..医疗事故罪中鉴定意见审查判断问题研究[J].中国司法鉴定,2026,(2):89-97,9.
