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Research On Science And Technology To Promote The Realization Of Justice

Posted on:2005-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:J M GuoFull Text:PDF
GTID:2206360125455356Subject:Philosophy of Science and Technology
Abstract/Summary:PDF Full Text Request
The problem of relationship between science-technology and judging is becoming a more and more important problem in judging practice. Kennth R Foster and Peter W Huber, in their book Judging Science .Scientific Knowledge and the Federal Courts, made a intensive and profound exploration to judging and science-technology through scientific evidence-the middle step making impact on each other .However ,many books, including this famous book , did not made study enough on science-technology and judging in those three aspects, as follows: the first ,on science-technology and judicial justice; the second ,from historic aspect to study impacting system of science- technology and judging ; the third ,on conditions of science-technology promoting judicial justice's realization. This article profoundly explores on Kenneth R Foster and Peter W Huber's study and tries to perfect these three studying aspects.The first chapter of this article , in view of academic circles have been not a perfect definition of judicial justice, at first, through justice, a ideal social relation , deduce some imperfection of several often definitions of judicial justice, then from view of judicial aim make a definition of judicial justice-a view of justice as standard, finding out the fact of acts and correctly applying law. Then, make a bedding discussing about conditions of realizing judicial justice and features of science-technology . At last, from the common aim view to prove necessity of each other's effect of science-technology and judging and according to the standard that to improve condition of judicial justice's realization is to promote judicial justice's realization, a elementary conclusion is drawn: science-technology promote judicial justice's realization in three possible ways -to perfect judicial system, to enhance justice's implement knowledge of investigating and proving facts and to improve the progress of justice's view of justice.The second chapter of this article mainly analysis basic system of science-technology promoting judicial justice's realization: At first , from historic aspect to investigate how science-technology make effect on evolution of judicialproving way and analysis the basic feature of modern judicial proving - material evidence include scientific tenet. So modern material evidence is called scientific evidence. Then mainly encircling justice how to judge scientific evidence it expounds studying of basic system of science-technology promoting judicial justice's realization-justice make a elementary differentiation on scientific evidence whether science or not according to general standard; To differentiate the two parts of scientific evidence, scientific knowledge and measure data, and make a judge on the reliability of single scientific knowledge in scientific evidence through scientific reference ; The whole scientific evidence's reliability include repeatability of measure data, reliability of scientific knowledge and connective background information; The relevance of scientific evidence make causal relationship as a basis so judging it is connective of scientific paradigm. Judging scientific evidence need to know a large of scientific knowledge which is very difficult for justice to master imply the modern judicial system must perform some reform. The suggestion of this article is a scientific proving combinable body which consists of justice and scientist arbiter.The third chapter of this article discusses two assured conditions of science-technology promoting judicial justice's realization: the progress of science and the duty and responsibility of expert witness. On the first condition it mainly discusses effect of the different terms of science's progress on realization of judicial justice and the two principles of how judging do on scientific crisis ;On the second condition it mainly establishes necessary legal duty and responsibility for the expert witness in judicial practice.As a philosophical essay of science and technology this article make some new viewpoints on the traditional...
Keywords/Search Tags:Judicial justice, Judicial proving, Scientific evidence.
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