论科技证据的科学性判断标准及构建

On the Criteria for Scientific Judging of the Evidence of the Science and Technology and Construction of Standards

"科技证据"是否科学,能否进入法庭调查并认定案件事实,判断标准是关键。在对域外国家,如美国、英国、日本等国科技证据之科学性判断标准论述的基础上,探讨了中国科技证据立法的现状,指出中国立法虽然对科技证据有一些规定,但对科技证据之科学性判断标准尚无规定,因此,主张吸收域外国家成功经验,结合中国实际,构建中国科技证据之科学性判断标准。

Whether ＂the evidence of the science and technology＂ is scientific, and can enter the court investigation and decide the facts of the case, the criterion for judging is the key. On the base of expatiating the criteria for scientific judging on the evidence of the science and technology Countries outside China, such as the United States, Britain, Japan and the others, discussing the legislative actuality of the evidence of the Science and Technology in China, pointing out that some evidences of the science and technology are stimulated in China＇ s legislation, but the criterion for scientific judging on the evidence of the science and technology haven＇ t been stimulated yet. Therefore, the author suggest that the criterion for scientific judging on the evidence of the science and technology in China should be put up on the base of absorbing the successful experience of countries outside and combining the realities in China.