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Abstract
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According to the provisions of the "Criminal Law of the People's Republic of China", it is a constitutive element of the crime of intentional injury that the perpetrator intentionally commits an injurious act and causes the victim to suffer personal injury of minor injury (second degree) or above. Injury crimes have the typical characteristics of "criminal consequences", and the forensic clinical appraisal opinion of the degree of human injury often becomes the key basis for determining the nature of the case and the conviction and sentencing of the perpetrator. The consequence of personal injury is the injury to the injured person. Due to the different infringement behaviors carried out by the infringers, the differences in the physical conditions of the injured persons, and the influence of many factors such as medical treatment, there is only one reason between the infringement behavior and the injury consequences. In addition to the simple causal relationship of "one effect", there is also the complex causal relationship of "many causes and one effect". The latter requires forensic clinical evaluators to eliminate factors unrelated to the infringement behavior and directly evaluate the consequences of the infringement behavior. This is also generally accepted. It is regarded as a difficult and hot issue in forensic clinical identification of human body injury degree [1].
The "Standards for Identification of the Degree of Human Injury" issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, and the Ministry of Justice have been implemented since January 1, 2014. The standard's "4.3 Principles for Handling Injury Relationships" clearly stipulates that injuries The basic principles for identifying the relationship between illness and disease are: when the injury is the main cause of the damage, the assessment is directly based on the standard provisions; when the injury and the injured person's previous injury/disease jointly cause the damage and the two effects are equivalent, the assessment is based on the standard The corresponding provisions reduce the grade assessment; when the injury is only a secondary or minor cause of the damage, and the injured person's previous injury/illness is the main reason, only the causal relationship needs to be explained, and the degree of injury should not be assessed.
However, as mentioned before, there are great difficulties in both the analysis of causal relationships and the treatment of injury relationships. How should we grasp it in actual identification? How should identification opinions be standardized when faced with different types of causal relationships? , it is impossible to give specific suggestions in the "Standards for Appraisal of the Degree of Human Damage". In practice, there are still different understandings and operations, and some expressions of appraisal opinions are easily controversial or even wrong. This article intends to start from the criminal law causation theory, sort out the different types of factual causation that may be encountered during the identification process, and put forward personal opinions for reference by colleagues in the identification of human body injury levels.
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按照《中华人民共和国刑法》的规定，加害人故意实施伤害行为并导致受害人发生轻伤（二级）以上的人身损害，是故意伤害罪的构成要件。伤害罪具有"结果犯"的典型特征，人体损伤程度的法医临床鉴定意见往往成为决定案件性质和对加害人定罪量刑的关键依据。人身损害的后果就是伤者的人体损伤，由于加害人实施的加害行为各不相同，伤者的身体条件存在差异，加之医疗等诸多因素的影响，导致加害行为和损伤后果之间除了"一因一果"的简单因果关系以外，还存在"多因一果"的复杂因果关系，后者需要法医临床鉴定人剔除与加害行为无关的因素，直接对加害行为造成的后果作出评价，这也普遍被视为人体损伤程度法医临床鉴定中的难点和热点问题[1]。
最高人民法院、最高人民检察院、公安部、国家安全部、司法部发布的《人体损伤程度鉴定标准》自2014年1月1日起实施，该标准"4.3 伤病关系处理原则"明确规定了伤病关系鉴定的基本原则，即：当损伤是引起损害后果的主要原因时，直接依据标准条款评定；当损伤与伤者的既往伤/病共同作用引发损害后果，两者作用相当时，依据标准相应条款降低等级评定；当损伤只是引起损害后果的次要或者轻微原因，而伤者的既往伤/病才是主要原因时，仅需说明因果关系，不应再评定损伤程度。
然而，如前所言，无论是对因果关系的分析还是伤病关系的处理，都存在着很大的困难，实际鉴定中究竟应当如何把握，面对不同因果关系类型时鉴定意见应如何规范表述，在《人体损伤程度鉴定标准》中不可能给出具体的建议，至今实践中依然存在着不同的认识和操作，有的鉴定意见表述易引起争议甚至是错误的。本文拟从刑法因果关系理论入手，梳理鉴定过程中可能遇到的不同类型的事实因果关系，提出个人观点，供同行在人体损伤程度鉴定中参考。
关键词: 法医学, 人体损伤程度, 伤病关系, 因果关系, 鉴定意见, 规范化表述
Keywords: Forensic medicine, degree of human injury, injury-injury relationship, causal relationship, identification opinion, standardized expression
Language: zh |