| Science and technology are more and more used in the field of litigation,and more and more serve for litigation proof.This is the development trend of cross integration of science and law with natural science as the main body.Undoubtedly,it has become and will continue to become an important force to promote judicial proof to move towards a more professional and fair legal service.Scientific evidence is an example of the integration of modern science and technology and legal practice.However,scientific evidence is a double-edged sword.On the one hand,the correct use of scientific evidence in the judiciary can help judges quickly and accurately find out the truth of the case and make a fair decision on the litigation case in a timely and effective manner;on the other hand,due to the existing judicial tradition and imperfect legal rules,some problems are exposed in the use of scientific evidence,such as repeated identification,false cross examination,superstition and blind worship of scientific evidence.In fact,scientific evidence is not absolutely correct,it has the possibility of error.Once scientific evidence is wrong,it is difficult to be found by layman judges,jurors and other court personnel,and it is very easy to cause unfair trial,thus affecting the judicial credibility and legal authority.The correct use of scientific evidence is closely related to judicial justice,judicial authority and legal order.In order to ensure the correct use of scientific evidence in judicial trials,scholars have begun to pay attention to the problems existing in the use of scientific evidence,and carry out relevant research.In China,some scholars study the legal norms from the perspective of procedural law and evidence law,and propose to learn from foreign rules on the admissibility of scientific evidence in order to improve the admissibility standard of scientific evidence.There are also scholars from the perspective of criminal investigation,forensic science,technical norms,around different types of expertise review points and the value of evidence to discuss.There are also scholars from the perspective of expertise management,to explore and solve the management problems of judicial expertise.The above solutions from different perspectives are very enlightening for the author to explore and correct the deviation in the use of scientific evidence.Scientific evidence has both legal and scientific attributes.It is obviously insufficient to analyze the problems in the application of scientific evidence from the perspective of legal system or science and technology.Whether the rules of admissibility of scientific evidence or the rules of procedure,all involve the problem of how to apply them correctly and properly in specific cases.However,the author found that the vast majority of scholars focus on the object of scientific evidence,few people pay attention to the subject of examination and judgment of scientific evidence,which is a kind of undue negligence.In view of this,the author makes a bold attempt to make a preliminary exploration on the subject of examining and judging scientific evidence,tries to introduce the theory of decision-making behavior into the perspective of the application of scientific evidence in court trial,deeply analyzes the deviation of the application of scientific evidence in court trial,investigates the actual operation process of legal rules and legal system affecting the decision-making of court decision-makers,and analyzes the mechanism and reasons of the deviation of scientific evidence in the decision-making process of court trial,puts forward the improvement scheme and feasible suggestions to correct the deviation of scientific evidence application.The article is divided into six parts:The introduction part introduces the theme of the research,the summary of the research related to the theme,the theoretical value and practical significance of this research,and the specific research methods of this research.The first chapter is a summary of scientific evidence.The first section introduces the concept of scientific evidence.The second section introduces the basic characteristics of scientific evidence.The second chapter,the current situation of the deviation of the use of scientific evidence in the trial.It is divided into three sections.The first section introduces the deviation in the proof procedure of scientific evidence.The second section introduces the deviation in the procedure of scientific evidence cross examination.The third section introduces the deviation in the process of scientific evidence certification.The third chapter is the analysis of the deviation of using scientific evidence in the theory of decision-making behavior.Based on the previous chapter,from the perspective of behavioral decision-making theory,this paper analyzes the reasons for the bias in the use of scientific evidence in the trial.It is divided into two sections.The first section is behavioral decision theory,which focuses on the leading prospect theory.In addition,heuristic decision is introduced as an assistant tool for scientific evidence decision-making.The second section analyzes the causes of deviation in the process of scientific evidence proof,cross-examination and certification from the perspective of behavioral decision-making theory.The fourth chapter is the correction method of the deviation in the use of scientific evidence.It is divided into two sections.The first section introduces the specific measures to avoid the deviation of scientific evidence application,including the pretrial disclosure of scientific evidence,the cross-examination system,and the scientific education of the jury.In the second section,on the basis of foreign experience,according to the behavioral decision-making theory,some suggestions are put forward to correct the deviation of the use of scientific evidence in court trial.To provide a feasible scheme for the correct and rational use of scientific evidence.The conclusion part summarizes the main content of the article,and puts forward some feasible plans and suggestions to correct the deviation of the use of scientific evidence. |
