对司法实践中科学证据的反思

Rethinking of Scientific Evidence

当今世界科学技术突飞猛进,使得科学证据在刑事诉讼中的作用不断增强,但科学证据不是万能的,由于其自身的局限,限制了科学证据在司法实践中的作用,因此,要理性对待科学证据,避免犯"科学证据至上"的片面性错误。

As rapid advancement of science and technology,the role of scientific evidence has been improved steadily in criminal proceedings.However,scientific evidence is also a double-edged sword,we should be aware of its negative influence in criminal proceedings.This paper discusses the negative influence from three basic ways.First,scientific evidence can＇t change the probability of judicial practice.Second,scientific evidence can＇t change the modality of science of evidence.Third,science has inherent fallibility.This paper also criticizes the scientism in judicial proof and put forward the notion of conviction can＇t just depend on science and technology,so that we can treat the scientific evidence rationally in criminal proceedings,maximize the positive role of scientific evidence and minimize its negative influence.