A Stud Of The Sci-Tech Evidence In Civil Procedure

As mankind has entered into the 21st century, follow the footsteps of the information society. With the rapid development of science and technology, the scie-tech factors are increasingly participating in the legal activities, as has encouraged the birth of the sci-tech evidence in legal practice. What is not commensurate with this is the infant stage of the academic study on the evidence of this new type, and there very few relevant legal provisions, especially in China, the related researches and legal provisions are even less adequate. An overview of the current investigation on sci-teck evidence in the theoretical circles shows that these researches, though negligible in quantity, are mainly concentrated on the issues in criminal procedure, and the reseach on sci-tech in civil lawsuits can be hardly found. Therefore, the study of the sci-tech evidence issue in civil procedure appears to be more urgent.With regard to scie-tech evidence, the academic community has two alternative terms of "science evidence" and "science and technology evidence". As the sci-tech evidence involves not only scientific theories but also technologic means, and there is difference between science and technology, the term of"science and technology evidence (sci-tech evidence for short) will be more likely to reflect the whole property of sci-tech evidence, moreover, this term is a better correspondence with the codes of the Chinese language.Since the competence of sci-tech evidence is subject to a number of factors, such evidence is competent only after the interference of these factors are excluded under certain conditions. In the meanwhile, certain regulations shall be obeyed in determining the competence of sci-tech evidence. Because of the close relationship of the credibility of scie-tech evidence to the laws of the development of science and technology, certain priciples must be followed in adopting the competent sci-tech evidence in accordance with the relevant rules. Since the adoption of evidence is not the same as the admission of evidence, the sci-tech evidence cannot be adopted to render proof to the alleged fact before it is admitted by the court. Here are two focal issues to be resolved in the admission: the scientific review of evidence and the rules for the degree of proof of evidence.Sci-tech evidence in civil litigation is an important part of sci-tech evidence in the three principal procedures, so to make proper definition of the related concepts and to conduct deep exploration into the competence, adoption and admission of evidence will be of grat significance and far-reaching implications for the enrichment of the theoretic system of evidence law so as to provide guidance in legal practice.