Research On The System Of Acceptance Of Scientific Evidence

Scientific evidence is the conclusion drawn by the analysis of evidence using scientific knowledge and scientific methods.It is mainly used in the investigation phase and prosecution phase of the judicial process to help ascertain the facts of the case.Scientific evidence belongs to opinion testimony,which is expressed as an appraisal opinion or expert testimony,and has a subjective color.The theoretical acceptance of scientific evidence is divided into education mode and compliance mode.Under the education model,it is necessary to educate fact-finders on the relevant specialized knowledge involved in scientific evidence,and to require fact-finders to develop their own understanding of scientific evidence and achieve free testimony is the substantive examination of scientific evidence.Under the compliance model,the judge only examines whether the process of generating scientific evidence complies with the law and whether the presenter of the scientific evidence possesses the qualifications required by the law.As long as the scientific evidence meets the requirements,the judge chooses to trust such scientific evidence bases its own understanding.Under the compliance model,it is mainly a formal review of scientific evidence.In practice,if unreliable scientific evidence appears,it may affect the facts of the case and be misleading.In order to reduce the impact of unreliable scientific evidence on the determination of the facts of cases,countries have formulated rules for the acceptance of scientific evidence to limit the acceptance of scientific evidence.Taking the United States as an example,its rules for the review of the reliability of scientific evidence have undergone amendments from the Frey Rule,Daubert Rule to Article 702 of the Federal Evidence Rule.The provisions of the civil law countries on the acceptance of scientific evidence are more manifested in some provisions on their procedures.The acceptance of scientific evidence in common law system pays more attention to the substantive examination of scientific evidence,while the examination of scientific evidence in civil law countries pays more attention to the formal examination of scientific evidence.This article analyzes the compliance model that pays more attention to formal examination and the education model that pays more attention to substantive examination,as well as the existing scientific evidence collection system in the common legal system and the civil law system,combining the two existing systems of expert appraisers and expert assistants The system related to the adoption of scientific evidence to explore the perfect way of China's scientific evidence acquisition system.This article is divided into three parts:The first part discusses the concept and attributes of scientific evidence.Through the analysis of its definition,the author thinks about the concept of scientific evidence and understands the characteristics and functions of scientific evidence.On the basis of determining the category of scientific evidence,discuss the elements that need to be considered for scientific evidence gathering,and clarify the contents of scientific evidence gathering that need to be reviewed and judged.The second part analyzes the two theoretical models of scientific evidence review and compares the advantages and disadvantages of the compliance model and the educational model.Combined with the comparative analysis of the scientific evidence collection model in practice between the common law system and the civil law system,we will learn about the exploration and experience of scientific evidence admission systems in practice in various countries.The third part analyzes the status of the scientific evidence collection system in China,analyzes the expert system and the expert assistant system,including the current status and deficiencies of the two systems.Combining the analysis of the two modes of scientific evidence review emphasizing formal review and substantive review,we learn the exploration experience of scientific evidence trust systems in various countries,and propose countermeasures to improve our scientific evidence admission system.