科学证据的诉讼认知论.pdfVIP

西南政法大学硕士学位论文 Abstract According to the new criminal procedure law, we must insist on the principle of punishing crimes and protecting human rights, use science and technology to achieve scientific proof as a response to the high-tech, informatizational and intricate criminal activities. Of course, the above requirements are also accepted by civil action besides criminal cases due to we often rely on science and technology to examine the vestige, documents, trace evidence and DNA to reproduce and confirm the facts in the process of finding, extracting, interpreting and interrogating evidence. But in real life, owing to be short of the knowledge of forensic science, it is easy to form cognitive bias against the forensic appraisal opinions for judges and attorneys . On the one hand, the judge often look upon the forensic appraisal opinions as the only truth and hastily use. As a result of the current phenomenon such as rent-seeking interests, management confusion and mixed appraisal skills, this attitude is likely to lead to errors and affect identifying the facts. On the other hand, if the lawyers know nothing about the basic principles of forensic science, they will put forward a untargeted commissioned requirements so that delaying the best occasion, incurring requalification and additional verifications or making a adverse cross-examination. It reduces the efficiency of the proceedings and is not conducive to protect the legitimate interests. For this reason, through systematically elaborating the basic theory of scientific evidence and establishing the structure of litigation cognition, this paper is aimed at disposing o