关键词: 法医学鉴定, 客观事实, 法律事实, 沟通转化, 认识性判断

Abstract: Due to the diversity and complexity of the objects and content involved in forensic appraisal, appraisers face greater difficulties in understanding the appraisal issues and conducting the assessment. In particular, under the influence of appraisal standards with legal attributes and related legal factors, there is a substantial gap between the reality of forensic appraisal and the ideal goals presupposed by the institutional framework. Forensic appraisal not only requires the use of forensic medical knowledge to communicate objective facts and legal facts, but also needs the results of communication between forensic medicine and law to meet the requirements of legal facts. Furthermore, the facts established through forensic knowledge and judgment must be subject to scrutiny by non-experts under legal standards. Given the differences in the nature of criminal and civil cases, forensic appraisal in ambiguous areas or within ranges of discretion should not only consider the exogenous, endogenous, and intervening factors of existing facts, but also make value choices based on different concepts of rule of law. This realizes the goal of incorporating forensic knowledge cognitive judgment into legal value judgment, thereby giving full play to the functions of forensic medicine in cognitive judgment of objective facts and interpreting specialized issues as evidence, and providing key opinion evidence for the determination of legal facts of cases.

Key words: forensic appraisal, objective fact, legal fact, communication transformation, cognitive judgment