On The Civil Social Scientific Evidence

In the case of intellectual property rights, infringement disputes, personality right disputes and unfair competition, monopoly disputes appear some social survey report, which is still a new evidence in our country.Social science evidence means the experts according to the commission of the litigants and judge, and concerning disputes related to the special problems, using the methods of social science research to investigate the public state, intention and behavior, and present the information in a specific form of social investigation report and the like.Social scientific evidence through the application of social research methods, making the public consciousness successfully imported the thinking mode of judgment.However, due to the lack of laws and regulations, there are many problems in social science evidence:The judge is different from the judicial concepts of social scientific evidence;The quality of social scientific evidence submitted by the litigants is uneven;current legislation on the rule of examination and determination of social scientific evidence has not been established;there is a different of notarization of social scientific evidence in practice.This article through the research on the related issues of social science evidence, so as to put forward practical and feasible concrete suggestions,in order to perfect the relevant rules of social science evidence in our country.The body of this article including about 35000 words, which is divided into four parts:Part One:Overview of social science evidence. It is necessary to define the concept of social scientific evidence in this part, and pave the way in the following writing.Then, this paper discussed the relationship between social science evidence and common scientific evidence, and make it clear that they are the relation of category and predictability.There are witnesses testimony and expert opinion in regard to the form of social scientific evidence in theory and practice. Through interpreting these two main theories to reach the standpoint of this paper:the form of social scientific evidence should belong to the expert opinion.Part Two:Evidence ability of social science evidence.Firstly, from Chinese general admissibility of opinions, social scientific evidence consist with the triplet rules of relevance, objectivity and legitimacy.Secondly, to discuss the admissibility of social science evidence from the view of hearsay evidence rules and opinion evidence rules in common law system, it should not be excluded.Lastly,social science evidence belongs to a type of scientific evidence, so current and feasible scientific evidence admissibility rules can be applied to the rule of social science evidence.The rule of social scientific evidence is a developing rule. It should be improved in the perspective of development, which can refer to the relevant rules of the United States which is at a leading position in this field.Part Three:the testimonial power of social science evidence.On one hand,Judicial proof of China is applicable to rule of free proof. the testimonial power of evidence not be ruled in law, the judicial discretion rule of social science evidence can be clarified from two aspects, the effects of free evaluation factors and contents of free adjudication.On the other hand, the power of social science evidence may be weak in practice, it analyzed how to strengthen the power of social science evidence from the perspective of the rule of evidence.Part Four:the specific idea of the examination and identification of social scientific evidence.Firstly, it analyzed the current situation of social science evidence, mainly including study quality, notarization and judicial concepts.Secondly, it expounded the necessity of establishing social scientific evidence.Finally, from the short and long term goals, it gave suggestion to the examination and identification of social scientific evidence. from the short-term goal, including establishing the ascertainment rule of existing laws, investigation of initiative commission, and the enhanced ascertainment rule of juridical intervention social investigation, these three suggestions help judge preferably deal with social scientific evidence which appears in practice.But from the long-term goal, when social scientific evidence develops to a certain stage, the form of evidence is defined as the expert opinion on legislation,it should establish specific examining and authenticating procedures, so as to improve the rule of this evidence.