根据刑事诉讼法规定和人大常委会关于司法鉴定的决定,临时伤检或不面见被害人就出具的伤检文书,不应认为具有法定效力,不能再作为认定事实的依据。①正式伤情司法检验鉴定,对检验主体、检验程序与内容都有着十分严格的要求。当被害人拒绝做正式伤情司法检验鉴定时,司法实践中的侦查活动往往会前功尽弃,甚至陷入僵局。一、造成正式伤检困境的原因 According to the provisions of the Code of Criminal Procedure and the decision of the NPC Standing Committee on judicial appraisals, casualty inspection instruments issued on a temporary basis or not seen by a victim should not be considered as having legal validity and can no longer be used as the basis for the determination of facts. ① Formal injury judicial examination and appraisal, the test subject, test procedures and content have very strict requirements. When the victim refuses to make the formal judicial examination and identification of the injury, the investigation activities in judicial practice often come to naught and even stalled. First, the cause of the formal injury inspection difficulties