Brief discussion on the proof standard of traditional evidence of forensic pathology in murder cases / 复旦学报（医学版）

ABSTRACT

Objective In the legal proceedings of murder cases,we often encounter the problem of proof standard in traditional forensic pathology in deep research,which is lack of systemic discussion in domestic academic field.This paper aimed to discuss this problem.Methods We compared the relevant characteristics of different legal systems on the standard of proof system,analyzed the elements of the forensic pathology evidence related to murder cases,and discussed the problem with the author's judicial practice experience.Results We believe that the cause of death,death time,injury and injury tools are the three most important forensic pathology evidences in the murder of the standard system as the "three pillars".Conclusions Division of standards in traditional forensic pathology evidence in the murder is of great significance to raise the sense of evidence of forensic medicine,and if it exists major flaws in the evidence of forensic pathology,the evidence can be corrected or the proceedings can be terminated at the very beginning of the litigation phase,which is of great value to the savings of judicial resources.