Scientific Evidence In Civil Action

More and more cases need to solve the dispute through the scientific evidence, and scientific evidence construction of system evidence difficult point of evidence system of various countries. But in our country, the attention of appraisal system reform study concentrate on the legal respect, which cause the study on scientific evidence to drift the regular surface of the evidence but can't be deepened. Paying more attention to science of scientific evidence is the urgent request of reform to perfect our appraisal system.First of all, this text accords with the provision on expert witness' system and surveyor's system in two fundamental law systems to define the definition of the scientific evidence. It synthesizes different understanding of evidence concept of two fundamental law systems, agrees in incorporating the scientific evidence into the evidence method. Then it explains attribute difference between scientific evidence and general evidence and between scientific evidence and other all kinds of evidence. It probes into the inherent, external and secondary value of the scientific evidence.Secondly, it analyzes the commission and acceptance of appraisal in our country, and the impact on expert's conclusion credibility brought by the proper character of appraisal means. From angle of prove, truth and exactness of scientific theory prove, identification to causality in fiction fact, and science own error probability and scientific probability direct against the issue of scientific precise, are analyzed. From three respect including scientific evidence adoption, prove strength and expert opinion offset, it proposes concrete countermeasure of examining scientific evidence, and proposes that it is suitable to infer correct to limit discretionary power to expert conclusion.Finally, in order to perfect the scientific evidence system of our country, it proposes to adhere to surveyor's system, optimize the procedure of the scientific evidence system, ensure professional ethics quality and scientific quality, raise the compounding judicial personnel proportion, and apply methodology of natural science field.