Litigation Cognition Theory Of Scientific Evidence

According to the new criminal procedure law, we must insist on the principle ofpunishing crimes and protecting human rights, use science and technology to achievescientific proof as a response to the high-tech, informatizational and intricate criminalactivities. Of course, the above requirements are also accepted by civil action besides criminalcases due to we often rely on science and technology to examine the vestige, documents, traceevidence and DNA to reproduce and confirm the facts in the process of finding, extracting,interpreting and interrogating evidence. But in real life, owing to be short of the knowledge offorensic science, it is easy to form cognitive bias against the forensic appraisal opinions forjudges and attorneys. On the one hand, the judge often look upon the forensic appraisalopinions as the only truth and hastily use. As a result of the current phenomenon such asrent-seeking interests, management confusion and mixed appraisal skills, this attitude is likelyto lead to errors and affect identifying the facts. On the other hand, if the lawyers knownothing about the basic principles of forensic science, they will put forward a untargetedcommissioned requirements so that delaying the best occasion, incurring requalification andadditional verifications or making a adverse cross-examination. It reduces the efficiency ofthe proceedings and is not conducive to protect the legitimate interests.For this reason, through systematically elaborating the basic theory of scientific evidenceand establishing the structure of litigation cognition, this paper is aimed at disposing of twocrucial questions that is the essence and specific cognitive methods of Scientific Evidence.Speaking on the structure of this article, the first part is based on Marxist dialecticalmaterialism and intended to reveal the cause of trusting evidence difficulty——uncertainty ofscientific evidence.In the second part, regarding a scientific attitude towards science, thispaper is conducted to build two levels of litigation cognition theory named first review towardthe reliability of principle or method from the perspective of knowledge and twice evaluationtoward the professional answer of technical personnel from a legal point. Based on therealities and circumstances, the third part will elaborate the key point of thisarticle——building the uniform standard of admissibility is not meaningful, and it should bebased on the purpose of the proof for further studies in the discretional evaluation of evidencewhich is more in line with the actual needs.