Scientific Evidence In Criminal Proceedings

The development of trial type and the defying of facts is closely related to the development degree of contemporary human knowledge and human civilization. In modern society, science is considered as one of the most reliable and credible means to find fact because of its characteristics such as rational, objective and logical positivity. Therefore, more and more cases need scientific evidence to resolve disputes, and construction of scientific evidence system has become a difficult point of criminal evidence system in many countries. While, the reform of China's present judicial qualification system has concentrated on the mechanism, which has caused that there have been not enough research in scientific evidence, especially the judges have not paid enough attention to scientific evidence. This thesis focuses on the scientificity of scientific evidence and judges judgement ability in scientific evidence. Focused on criminal procedure, wish the thesis could do its contribution to the improvement of Chinese criminal scientific evidence system.The thesis is divided into five chapters. The first chapter is preface, which explains the motive of the research, its current status, research methods and research framework. Chapter II is an overview of scientific evidence, which focuses on the concept of scientific evidence, characteristics of scientific evidence and its properties. Based on relating cases of the United States, Chapter III conducts observations of scientific evidence on American trial practice and its challenges from the angle of comparative law. Chapter IV provides solutions for Chinese scientific evidence trial practice. This chapter first introduces Chinese current situation of legislation and practical operation of scientific evidence in criminal proceedings, and then analyses the situation and proposes a preliminary solution. Chapter V is the conclusion part. This thesis holds that, with the rapid development of scientific technology, there will be more and more cases which use scientific evidence to find facts in criminal proceedings. With our increasing reliance on scientific evidence, the judgement ability of judegs deserves more attention. Discussion of related problems will contribute not only to clarify the relationship between law and science, but also to help judges judge the weight and admissibility of scientific evidence, thus improve the accuracy and acceptability of factual findings .