内部专家定罪:法医兽医方面

Ivan Yatsenko
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引用次数: 0

摘要

利用一般科学和特殊科学方法,概述了法医专家(特别是法医兽医)内部定罪现象的问题方面,并提出了解决方法。事实证明,为了找出事实数据和案件(诉讼)情况,对研究对象的具体情况和属性进行研究时,这一类别是独立和直接的要素。作者提出了 "法医专家内部信念 "概念的定义,并指出了其具体内容和影响其形成的因素。提出了尽量减少主观主义对法医专家活动和法医专家结论的影响的机制。揭示了法医专家内心信念的结构,并着重指出应区分认识论、心理学、伦理、道德和法律等方面的内容。考虑了在法医专家活动中实施这一现象的方向。本文认为,法医专家的内心信念应被理解为:当他认为所提供的研究对象条件合适,其数量足以提供有充分依据的客观结论;确信其正确性,不怀疑其决定的无误性,并准备按照该结论行事时,他在进行专家研究和评估有形和物化对象的迹象和属性时的主观心理活动所产生的意识和情感状态。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Internal expert conviction: forensic veterinary aspect
Using general scientific and special scientific methods, problematic aspects of internal conviction phenomenon of forensic expert (in particular, forensic veterinarian) are outlined and ways of their solution are proposed. It has been proven that this category is an element of independence and immediacy of research on object specifics and properties in order to find out factual data and case (proceedings) circumstances. The author’s definition of concept of “internal conviction of forensic expert” is formulated, its specifics and factors affecting its formation are singled out. Mechanism for minimizing influence of subjectivism on forensic expert activity and on drawing up forensic expert conclusion is proposed. Structure of expert’s inner conviction is revealed and attention is focused on the fact that it is expedient to distinguish epistemological, psychological, ethical, moral and legal components. Directions of implementation of this phenomenon in forensic expert activity are considered. It is argued that internal conviction of forensic expert should be understood as the state of his consciousness and feelings which is the result of mental subjective activity while conducting expert research and evaluating the signs and properties of tangible and materialized objects in order to find out the factual data and circumstances of case (proceedings) according to a specific examination, when he considers the condition of objects provided for research to be suitable, and their number sufficient to provide a well-founded and objective conclusion; is sure of its correctness, does not doubt infallibility of his decision and is ready to act in accordance with.
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