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Technology Admissibility Of Evidence

Posted on:2006-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:C B LiFull Text:PDF
GTID:2206360155959289Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Scientific evidence is the evidence which is gained by scientific means and technology. Scientific evidence can be helpful for the trier of fact , it also can be misleading. In continent law, there are no addmissibility rules for scientific evidence , but in English and America law system, there are addmissibility rules for secientfic evidence which are the rules for expert testimony.In our law, there is no any addmissibility rules for scientific evidence. Any scientific evidence can be addmissible which cause many problems. Such as unfair trial. The paper try to disscus how to make our addmisibility rules for scientific evidence in the coordinate of America law.This paper includes two parts, the first part describe in detail the addmisibility rules of america federal evidence rules , some state evidence code of correspond, frye case, daubert case and kumho case, Then analyse all these standard and try to find the rationale underlying the standards.In the scond part, the lack of the addmisibility rules for scientfic evidence and the problems it caused are discussed first, then the addmisibility rules for scientfic evidence suitable for china and the relative procedure are proposed.
Keywords/Search Tags:Admissibility
PDF Full Text Request
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