司法鑒定中的無關信息污染：規範、實踐與治理

Ideally, forensic science practice should involve rational decision-making by the examiner based on the features of evidence and task-relevant information. Forensic examiners need to gather extensive information to minimize the risk of overlooking relevant information. However, the forensic environment often includes irrelevant information that can bias the decision-making process. Facing the tension between information demand and information contamination, China's current legal regulations and technical standards have developed a regulatory framework aimed at recognizing the legitimate status of task-relevant information, conducting independent or non-independent forensic science practice, and integrating the collection and analysis of evidence. This framework is characterized by conflicting procedural settings within general principles. A survey of forensic science practices in China reveals that the regulatory framework does not effectively prevent the exposure of irrelevant information to forensic examiners. Therefore, it is imperative to clearly define the task relevance of case information and establish an“information gatekeeper”procedure supported by mechanisms of case triage.