科研管理

• 论文 • 上一篇    下一篇

法庭科学领域科研伦理建设

彭斯璐,赵兴春,权养科   

  1. 公安部物证鉴定中心,北京100038
  • 出版日期:2019-09-20 发布日期:2019-09-19
  • 通讯作者: 彭斯璐
  • 基金资助:
    公安部物证鉴定中心基本科研业务费项目:“法庭科学实物库建设需求调研与模式初探”(2018JB047,2018.07.01-2019.06.30)。

Establishment of research ethics in forensic science

Peng Silu, Zhao Xingchun, Quan Yangke   

  1. Institute of Forensic Science, Ministry of Public Security, Beijing 100038, China
  • Online:2019-09-20 Published:2019-09-19

摘要: 法庭科学作为特殊的应用性科学,其研究和应用中时有涉及伦理问题,但目前中国尚缺乏法庭科学中科研伦理和行为规范问题的研究,相关伦理审查机构和审查规章仍是空白。从当前法庭科学科研伦理实践出发,针对职业伦理规范建设不足、科研伦理监管缺位以及法庭科学职业特色与伦理要求的冲突进行分析,为法庭科学研究科研伦理管理提出可参考的建议。

关键词: 法庭科学, 科研伦理, 伦理建设

Abstract: Forensic science, a general applied science, applies the principles and methods of natural sciences and social sciences to the investigation of crime and judicial practice, involving many groups such as scientific researchers, government law enforcement, identified objects and experimental objects. There are ethical issues possibly involved in forensic science research and judicial practice. Whether forensic science research conforms to legal norms, international conventions and relevant ethical requirements have a strong impact on the authority and credibility of the government law enforcement. With the introduction of the new policy on the reform of criminal procedure, further provisions have been put forward for implementing the requirements of evidence judgement, standardizing criminal investigation and evidence obtaining, and unifying the standards and procedures of judicial appraisal, which have brought forensic science of China into a new stage of standardization. However, there is still no research on ethics and norms of conduct in the field of forensic science in China, and the relevant ethical review bodies and review rules are still blank, with comparison to the ethical normative construction of the foreign judicial appraisal profession. 
Based on the current ethical practice of forensic science research, this paper analyzes the insufficiency of professional ethics norm construction, the absence of scientific research ethics supervision. The construction of forensic science professional ethic not only promotes the fairness and justice of judicial expertise, but is also a value guidance and professional protection for forensic science practitioners. Although there is some beneficial exploration in the ethical review of forensic science research field, improvement of ethical supervision is still needed to meet the requirements of the awareness of ethical consciousness and sustainable development in this field, such as the mechanism of on-going supervision and post-evaluation. To some extent, there is unavoidable inherent conflict between the professional characteristics and ethical requirements of forensic science, such as the conflict between citizens′ rights of individual privacy and public security needs, and the problem of how to clearly define the individual rights of the criminals by improving the legal regulation. Since the primary goal of forensic science is to safeguard the interests of public security and social justice, ethical principle in the field of forensic science might be reflected on emphasizing the ethical and moral concepts that are highly responsible for social fairness and justice and trying to avoid occupational harm in practice.
This paper also proposes to strengthen the organization and system construction of ethical review of forensic science research, promote the construction of ethical norms of forensic science, and carry out ethical education and training to forensic science researchers. It is suggested to establish forensic science ethics committee in relative institutions and administrative departments, which is a permanent organization for the ethical supervision of forensic science field, playing a dual supervisory role of management and technology. The purpose of the discussion is to enrich the preliminary theoretical system of the ethical construction of forensic science research in China, to explore a scientific ethical model suited to China′s national conditions and characteristics of forensic science, and to promote forensic scientists to better practice their fair and just responsibilities.

Key words:  forensic science, research ethics, establishment of ethics