Analysis of the disputed opinions in forensic clinical judicial expertise and their causes
10.13618/j.issn.1001-5728.2025.01.002
- VernacularTitle:法医临床司法鉴定争议意见及其形成原因的分析
- Author:
Xiaoying YU
1
;
Qing XIA
1
;
Fangyu ZHAO
1
;
Wentao XIA
1
Author Information
1. 司法鉴定科学研究院,上海市法医学重点实验室,司法部司法鉴定重点实验室,上海市司法鉴定专业技术服务平台,上海 200063
- Publication Type:Journal Article
- Keywords:
Legal medicine;
Expert opinion;
Disputed opinion;
Reason analysis
- From:
Chinese Journal of Forensic Medicine
2025;40(1):12-18
- CountryChina
- Language:Chinese
-
Abstract:
Through a comprehensive analysis of four cases involving repeated forensic clinical identification on the degree of human injury,disability grade,causal relationship of injury and disease,medical damage liability dispute,the reasons for the emergence of different appraisal opinions are explored.According to the reasons for the disputed conclusion,the deviation or error of the appraisal opinion can be classified in a variety of ways.Among them,the inherent limitations of theories and methods used as appraisal bases,the lack of operational skills or cognitive ability of appraisers,the unclear provisions of appraisal standards and the lack of adequacy and validity in the process of analysis and reasoning are the key reasons for the deviation or error of appraisal opinions.In light of these findings,it is necessary to strengthen the review of expert opinions in judicial practice and form a powerful error correction mechanism.
