论同一认定的理论标准

经常出现的物证同一认定矛盾结论,需要更加明确的同一认定理论标准。同一认定是通过客体外在特征认识客体的内在关系。它应该存在统一的理论标准。进行同一认定需要两个前提:一是特征"同位"比较,二是足够特征"位置"比较。认定同一的标准是:客体符合点特征组合的唯一性;否定同一的标准是:客体差异点特征的"同位"排斥性。

The Theoretical Criterions for Identification

More explicit criterions for identification are needed because of contrary conclusions presented frequently. We cognize the inner relationship between two objects through their outer characters, so there exist uniform theoretical criterions for identification. There are two preconditions in identification, one is that the characters compared must be in the same character location;the other is that the amount of the character locations must be sufficient. The criterion for making affirmative conclusion is that the combination of all matched characters must be unique and the criterion of making negative conclusion is that the characters in the same location are different.