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The Function Of Scientific Evidence And Its Achievement

Posted on:2004-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhouFull Text:PDF
GTID:2156360122970299Subject:Law
Abstract/Summary:PDF Full Text Request
Articles about scientific evidence may be said enough to fill the roof, overwhelming majority are criticism and design to identification system while being so-called among them,however, thesis of basic problem about scientific evidence and the judge how to examine and assert scientific evidence is rare like stars in morning. To the infiltration of social life of various fields with science and technology, modern dispute and science have been already inseparable , The scientific evidence becomes the new" king of the evidence", has formed the enormous impact to judge's judgement right .This text set forth one's views in the platform with the judge how to examine and assert scientific evidence,how to restrain invasion and attack to the mechanism of dispute solves from expansion of expert discourse-right. This text begins with analysis that our country appraises the confusion of the system at present in real example, exposing ontology question of the scientific knowledge in terms of philosophy of science, Regarding this as the platform, the text has analysed the concept of the scientific evidence, procedure function of the scientific evidence,studied the value of the scientific evidence,put forward standard that scientific evidence can adopt should be: The scientific knowledge of the basis has validity, relevancy with the factum probanda The method and conclusion have reliability. On the basis of comparing more foreign scientific evidence mode, Fully consider the lawsuit culture of China, it is appearing that the trend of integration of advanced lawsuit culture among the system of civil law,the system of common law and system of China law. Regarding theory of the due process as guide, taking the rule of admissibility of scientific evidence as the basic point with, author have put forward the scientific evidenceprocedures of single expert witness and assessor, and have proved the main standard of this mode.
Keywords/Search Tags:scientific-evidence, procedure-function, admissibility, expert witness
PDF Full Text Request
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