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作为诉讼程序中的重要证据之一的死因鉴定,对查清案件事实、确定相关责任人的责任起着拳足轻重的作用。但目前在死因鉴定中还存在着以下问题:第一,对死因鉴定缺乏规范,鉴定中的一些名词不统一,互相混用,因此结论不一,不利于总结交流,不利于统计分析,不利于分清与死亡有关的各种因素及其责任关系;第二,在存在死因争议(即同时存在两种或两种以上死因)的案件中,难以准确把握相互关系,而且缺乏死因量化评价分析,因此不利于法官的定罪量刑和确定相关责任人的损害赔偿责任
As one of the important evidences in the litigation procedure, the identification of the cause of death plays a decisive role in determining the facts of the case and determining the responsibilities of the responsible persons. However, there are still some problems in the identification of cause of death. First, there is a lack of norms in the identification of cause of death. Some of the terms in identification are not uniform and mixed with each other. Therefore, the conclusions are not consistent, which is not conducive to summarizing the communication and is not conducive to statistical analysis. The various factors related to death and their relationship of responsibility; secondly, in the case of the controversy of cause of death (that is, there are two or more than two death causes at the same time), it is difficult to accurately grasp the interrelationship and lack the quantitative analysis of causes of death Conducive to the judge’s conviction sentencing and determine the responsible person’s liability for damages