关键词: 法国司法鉴定, 分散立法模式, 法律制度框架, 生物鉴定, 经验启示

Abstract: The French forensic appraisal system takes a typical model of decentralized legislation, with its provisions dispersed across the three major procedural laws, case law and departmental norms. Since 1958, French legislators have established a relatively unified legal framework for forensic appraisal, covering four aspects: the decision-making body, the implementing body, the procedural rules, and evidentiary provisions. Special regulations of biological appraisal system has also been established to safeguard individual dignity and privacy rights. The main reasons for the choice of a decentralized legislative model include four factors: historical traditions, sectoral law structure, the pathway of rule formation, and the excessive legislation phenomenon. The forensic appraisal system constructed in France presents the following basic features: a dualistic legal system of “general + special”, multiple sources of legal norms, strong authority of judges, and detailed procedural rules. Based on this, China’s decentralized legislative model can also establish a robust forensic appraisal system; the legislative approach for forensic appraisal should shift from administrative management to procedural rules; the classification of forensic appraisal should be more detailed and comprehensive; and the biological appraisal should be subject to special regulation.

Key words:  French forensic appraisal, decentralized legislative model, legal institutional framework, biological appraisal, practical enlightenment