我国社会科学证据发展状况初探

A preliminary study on development of evidence of social science in China

社会科学证据作为一种新型的证据手段,已经通过不同的证据形式在我国司法裁判中大量出现。这引起学界较多的关注和讨论,但在立法层面上和司法过程中却无法获取明确的信息。从这一现状的多方面原因中能够发现我国社会科学证据发展过程中自身和制度的困境,而美国关于社会科学证据相关性规则的经验值得思考和学习。

As a new kind of evidence means, the evidence of social science has appeared in judicial adjudication in China through different forms of evidence. It has aroused high attention and discussion in academic circles, but exact information still cannot be acquired at the legislative level and during the judicature process. The predicament of it and system during the development of evidence of social science in China can be found from the multiple aspects of the status quo, and the experience of correlation rules of evidence of social science in United States deserve to be reflected and studied.