论科学证据之适用

随着科学技术的发展和犯罪的智能化,科学证据在司法实践中的应用越来越广泛。但由于其技术上的新颖性和可靠性一时难以得到科学界及法学界的普遍认同,再加上其在操作中容易侵犯公民的个人隐私、人身自由等人身权利,因此许多国家对科学证据在司法过程中的运用问题都采取了十分谨慎的态度。本文从科学证据的含义及其证据能力和证明力的角度做了简要分析,并就我国科学证据的适用进行了初步探讨。

On the application of scientific evidence

Along with the development of science and technology and crime intelligence, the scientific evidence is more and more widely used in judicial practice. However, due to the novelty and reliability of its technology, it is difficult to be generally agreed by the scientific community and law experts. In addition, it is easy to infringe the personal rights such as personal privacy and personal liberty in operation. So many countries take a very cautious attitude to the use of scientific evidence in the judicial process. The paper briefly analyzed the meaning of scientific evidence, the ability of the evidence and the proved power, and preliminarily discussed the application of scientific evidence in China.