在俄罗斯创建法医检查:军事条例(1716年)

E. M. Maleva
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引用次数: 0

摘要

彼得大帝统治时期的法律创新之一是法医学的创立,其形式是对埋葬前尸体的解剖进行立法规定,以确定死亡原因。最后得出结论,该文件是法律的丰碑。对导致18世纪初在俄罗斯建立法医学研究所的复杂原因和条件进行回顾性审查的任务已经解决。采用了对俄罗斯第一部关于法医检查的立法法案进行正式法律分析的方法。结论是,由于俄罗斯医学和法律发展的悠久传统,这座法律纪念碑具有普遍的文化意义。与在俄罗斯国家建立法医检验研究所有关的法律规范,载于封建时期法律纪念碑的文本中:《合同》("真理报"),被用作研究资料斯摩棱斯克与里加和哥特海岸、沙皇鲍里斯·费多罗维奇给宗法王座的宪章、彼得一世时代的一百多个规范性法律行为,包括《军事宪章》。可以确定的是,十八世纪初的俄罗斯社会客观上已经准备好以尸体检查和解剖研究所的形式进行法医检查,以查明死亡原因。建立法律纪念碑的条件被揭示出来。彼得的改革在很多方面都走在了时代的前面,由此产生的立法法案反映了法律发展的先进趋势。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Creating a forensic examination in Russia: military regulations (1716)
One of the legal innovations of the reign of Peter the Great is the creation of forensic medicine in the form of legislative regulation of the anatomy of a dead body before burial to establish the cause of death. The final conclusion is made that this document is a monument of law. The task of a retrospective review of the complex of causes and conditions that led to the establishment of the Institute of Forensic Medicine at the beginning of the XVIII century in Russia has been solved. The method of formal legal analysis of the first Russian legislative act on forensic medical examination was used. It is concluded that this monument of law has a general cultural significance, as a result of a long tradition of the development of medicine and law in Russia. The legal norms related to the establishment of the institute of forensic medical examination in the Russian state, contained in the texts of the monuments of the law of the feudal period: The Contract (“Pravda”), were used as research materials Smolensk with Riga and the Gothic coast, the Charter of Tsar Boris Fedorovich to the Patriarchal Throne, a hundred and a number of normative legal acts of the era of Peter I, including the Military Charter. It is established that the Russian society of the beginning of the XVIII century was objectively ready to create a forensic medical examination in the form of an institute of examination and autopsy of a dead body to find out the causes of death. The conditions in which the monument of law was created were revealed. It is concluded that Peter’s reforms were in many ways ahead of their time, as a result of which a legislative act was created that reflected the advanced trends in the development of law.
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