On Scientific Evidence In Civil Litigation In China

The advancement government by law and the science development are now society’s two great time characteristic,often can sneak a peek at the science in the legal formulation and in the utilization process the form,the obvious law and the science fuse,the communal development are gradually the time development necessities.Facing such big background under,judge in examination judgment time more and more cannot leave the science the boost,the scientific evidence enlivens gradually above the court and occupies emphatically the important place position,however at present and the scientific evidence system are closely linked regulations actually as before very few,is unable to satisfy the lawsuit reality the need,the scientific evidence essence is any,scientific evidence actually this what course to follow,should judge how distinguish and the examination……Has become the difficult problem which current urgently awaits to be solved,gives scientific evidence more attention,the construction and the consummation scientific evidence system is the difficulty which in our country government by law path construction must attack and capture.This article through the conformity data,the analysis case,contrasts ways and so on referee to cut into the question key,the question which the analysis scientific evidence faces at present,the discussion scientific evidence particularity,and has profited from several typical countries and the area about the scientific evidence system experience,in this foundation proposed consummates our country scientific evidence the concrete proposal.This article altogether divides into four parts.The first part discusses our country scientific evidence the foundation introduction,mainly includes three aspects: Is clear about the definition,the evidence attribute and the characteristic.This article through quite domestic and foreign to scientific evidence explanation,studies in the predecessor in the foundation as far as possible is clear about the scientific evidence the definition,thought the scientific evidence is a collection of information that can be obtained and analyzed by using scientific principles or science and technology to interpret the internal relations of cases or to prove the facts of cases.and the scientific evidence and matter witness,the appraisal opinion and the litigant stated carries on the contrast analysis,carries on the type discernment from the evidence attribute angle to the scientific evidence,recognizes the scientific evidence and the legal evidence category both has the similar part,and has the special part,thus has analyzed the scientific evidence itselfspecial place,needs the new stipulation to restrain it.The second part is two big legal system scientific evidence system contrast analysis.This article selected had the representative country including American,German,France’s scientific evidence system carries on the analysis,analyzed its scientific evidence to be possible with emphasis to pick the principle and to pick the letter standard,unified two big legal systems the common principle and the unique standard explores our country scientific evidence system road of the consummation.Third part of this article asks the related question in view of the present scientific evidence use present situation.Separately from the legislation blank,the judicial present situation and the scientific theory disputed three angles have carried on the analysis to the scientific evidence present situation,has induced various domains scientific evidence existence question,combed from has legislated domestically to the hearing,from the theory to the practice,from to place of the overseas contradictory,according to proposed contradictory the present scientific evidence needs to face up to the question which and to solve.The fourth part is to the scientific evidence recognized the rule the construction and the consummation put forward the proposal.The union scientific evidence nature and the third part of correlation model obtains grasps the scientific evidence objective standard and the subjective standard,in the solution scientific evidence dynamic forming process knowledge constitutive property and the procedure reliability and expert’s prejudice and judge believes the question is the key is at.