Preliminary Study On Scientific Evidences

Scientific evidences is a kind of judicial evidences based on science and technology, including finger print identification, Blood Alcohol Concentration Test, DNA test etc. Science principals, regulated technology procedures and the logic and language of law are respectively regarded as the theory basis, judicial protection and judicial carrier of scientific evidences. As technology advances, nowadays, science and technology have influenced legal field profoundly. Scientific evidences plays a more and more important role and becomes a new hot spot in judicial evidences researches However, the studies of scientific evidences lag behind the developments of scientific evidences in judicial practice, and most of the studies are focused on the perspective of the Law of Evidences. The researches of scientific evidences from the perspective of philosophy of science and technology are mainly on the demarcation of science for the establishment of the basis of judicial power.Scientific evidences have dual connotations:the Science & Technology and the Law. So it is inadequate to study its scientific natural only. In order to learn the whole picture of scientific evidences, it is significant for us to fully study it from the perspective of philosophy of science and technology.This paper takes recent controversial case "Hu Ge Case" for example, studies the scientific evidencess in this particular case from the perspective of philosophy of science and technology, and discusses the concept, philosophy nature and the admissibility rules of scientific evidencess etc. And then the concept of constructiverealism is attempted to be introduced into the "Hu Ge Case", in order to explain the reasons for the failure of scientific evidences in this case. This paper also discusses the performance of scientific evidences in judicial practice and it’s ethical conflicts, presents the ethical responsibility of the Scientific Evidences Community. The judicial role of scientific evidences depends on the support by court rules of evidences, therefore this paper comparatively studies the rules of evidences in US, China and other places. At last, this paper analysis the situation of public understanding of scientific evidences, and presents corresponding strategies.This paper is divided into six parts:the instruction, four chapters and the epilogue part. The instruction puts forward the source of the problem, the significance of studying scientific evidences by philosophy of science and technology, the purpose and method of this paper and a brief version of literature review.The first chapter introduces the general situation of scientific evidences, and discusses it’s scientific nature, correlation, reliability, historical nature and alternative nature.Based on the "Hu Ge Case", the second chapter introduces the concept of constructive realism, and tries to explain the problems with this concept.The third chapter studies scientific evidences in the judicial practice, puts forward the ethical conflicts and ethical responsibility of scientific evidences and the community of scientific evidences.The fourth chapter introduces the admissibility rules of scientific evidences in US and other areas, discusses the establishment of reasonable admissibility rules of scientific evidences. Also, discusses the admissibility rules of scientific evidences in China, and compares it with the admissibility rules of scientific evidences of other countries. At last, points out the significance of public understanding of the scientific evidences and corresponding strategies.The conclusion summarizes this paper.