The Research Of Scientific Evidence Certification In Criminal Proceedings

At present, as a number of new cases appearing as well as the continuously developing of science and technology, criminal justice is increasingly dependent on the use of scientific evidence. Evidence in the use of multiple links, the certification is the last but also the most important link. Forensics, cross-examination is in its service in the end. In the face of a complicated case, the judge how to affirm directly related to the quality of the actual processing of the case. Due to the scientific evidence of being widely applied, this relationship will be attached more importance. Same as other evidences, the court takes cognizance of scientific evidence mainly through two aspects:first, the admissibility of scientific evidence, which confirms whether it has evidence of eligibility, whether it could come into the criminal proceedings, the second is the relative problems of scientific evidences, which confirms whether the evidence of taking into criminal proceedings is true and reliable, whether it has the probative force in testifying the truth of the case, whether it could be used as the grounds to judge sufficiently the truth of the case.In China, the scientific evidence contains a variety of forms of evidence and mainly the expert opinion. There are two issues existing in certificating the expert opinion in court. First, the certification of the expert opinion only review the evidence of formal requirements; Second, the certified reason for expert opinion are not open to public. For the emerging new cases as well as the increasing forensic certification, scientific evidence rules borrowing from Common law countries and civil law countries is the important devices in certificating the science and technology impact cases, but also the only way to perfect the rules of certification of scientific evidence in our country. It is an arduous task to establish and perfect the system of rules of criminal evidence certification, and it should conform to our country’s basic national conditions, so it is necessary to follow certain principles. In order to ensure the legitimate rights of the litigation on both parties, it is necessary for us to perfect the protection mechanisms of scientific evidence certification. Rights for reviewing of the scientific theory should be given to the parties, evidential dissenting certification should be established, the Expert Auxiliary System should be improved, etc.