Research Review Of The Scientific Evidence To Determine The Problem

As early as the end of the20th century, the the famous Evidence Jurist MirjanR.Damaska in his book "Evidence Law Adrift" said “Standing in the late20th centurythinking about the future of the law of evidence, that is exploring the evolvingproblem of fact-finding scientific to a large extent.”“More and more facts are veryimportant to the proceedings, that can only identified through high-tech means.” AsProfessor Damaska said, with the rapid of modern science and technologydevelopment, the use of science and technology are more widely, the process ofjudges review the case, it is inevitable that there will have the specialized issues, thejudge only identify the facts by their own experience, called “Different trades areseparated as by mountains.” Though, it is so easy to the professor who has strongprofessional quality to judge the scientific knowledge in the scientific evidence.Therefore, the judge will tend to request experts,with professional knowledge,toidentify or disscuss the scientific evidence. But we can not indulgence the rights ofidentify and judgment,we also can not allow the judge to abuse their discretion. Weshould limit the abusing of rights through the reasonable rules. We can keep balancebetween the administration of justice and science. My paper have three chapters,totaling about35,000words.The first chapter is overview of the scientific evidence, this chapter is mainlyexplained the fundamental concept, through review and analysis the definition,summary the concept of scientific evidence finaly. Then analyse the features andfunctions of scientific evidence, laying a good foundation for the following passage, itis different from the general evidence due to the presence of these features andfunction.The second chapter is general principle of reviewing and identifying of scientificevidence.Firstly, analysing the philosophical principles of reviewing and identifyingof scientific evidence,and then present the difficult problem.Secondly, expoundingthe significance of reviewing and identifying of scientific evidence.Then explain thesubstantive examination and the surface examination,discuss the relationship of reviewing and adoption as well as believing.Finally,I raised my suggestion ofreviewing and identifying scientific evidence as well as the rules of adoption andbelieving.Chapter three is the different type of scientific evidence. Analyze themanifestations of scientific evidence in China,and combined with the judicialinterpretation of the new Code of Criminal Procedure. Focusing on their respectiveparticularity about reviewing and identifying the scientific evidence.