The Principle of the Scientific Evidence Evaluation
B Zhang · Journal of Sichuan University · 2011
The basic problem with the evaluation of scientific evidence is the suitable method applied to a case by judges,which means judges as laymen have to understand and assess the experts' reports related to issues of a case.The work-out of this basic problem is the method mixed with the scientific knowledge and legal experience.So the problem of scientific evidence evaluation is divided in two parts named as the Knowledge Problem and the Legal Problem.The Knowledge Problem,according to the order of scientific evidence generation,consists of four parts,that is,the demarcation,the justification,the error analysis and the validation in detail.The Legal Problem,though it is the linguistic-environment product derived from the judicial system of one's country,must comply with the basic principal of knowledge evaluation,whose purpose is to find the standard governing both the expert and the expert operation,named as the Subjective Standard and Objective Standard respectively.This is the key to the legal method of scientific evidence evaluation in the specific scientific field.