科学证据可采性标准的认识论反思与重构
张南宁科学证据可采性标准的认识论反思与重构
Standards of Admissibility for Scientific Evidence：An Epistemological Rethinking and Reconstruction
期刊名称：《法学研究》
期刊年份：
作者：张南宁
单位：中国政法大学
中文关键词：科学证据;可采性标准;证据规则;证据法学
英文关键词：scientific evidence;standard of admissibility;legal reasoning
中文摘要：
科学证据的可采性是指是采纳某一科学证据作为证明某一事实的标准或条件。目前我国还没有建立明确的科学证据可采性标准，而在科学证据研究最发达的英美国家，科学证据可采性标准中的一些基本要素也是纠缠不清的。通过对科学证据可采性标准的历史考察和认识论反思，并根据科学证据在真相发现中的功能，可以尝试从内在属性和外在属性两个方面来审视科学证据可采性的结构。科学证据可采性的标准主要包括：科学证据本身的科学有效性、可靠性、科学相关性以及科学专家的可信性等。
英文摘要：
Scientific inquiry and legal advocacy are two different epistemic models. Science aims at analyzing phenomenon and constituting systematic knowledge, while law aims at making decisions about the issues of truth within a limited period. In the process of constructing factual truth based on scientific evidence, however, inquiry is twining with advocacy. Due to its complexity, a crucial problem in applying scientific evidence is its admissibility. The admissibility of scientific evidence means the standards or conditions to admit an item of scientific evidence as the premise to prove truth.No matter what was generally accepted of Frye, or what Daubert had provided for judges to carry out their responsibility as a gatekeeper, they were all subject to wide criticism. The main reason lies in that the current logical relationship among the validity, reliability and admissibility set for scientific evidence is with much confusion. The confused epistemological presumption of the standard of admissibility for scientific evidence makes it difficult to be a rule in reality, resulting in the failure of U. S. Federal Rule of Evidence to make a clear stipulation for the admissibility of scientific evidence.By a historical introduction and epistemological rethinking to the standards of admissibility for scientific evidence, this paper examines the structure of admissibility from both internal and external properties according to the functions of scientific evidence in truth-seeking. The internal properties of scientific evidence are embodied in three aspects, that is, the validity, the reliability and the relevance. This is a process of naturalized cognitive way. The scientific validity depends on both scientific principles and methods, and the reliability of scientific evidence is influenced by scientific uncertainty, reproducibility, causality, error rates, and the like. The external properties are embodied in the process of proving fact by using scientific evidence and the assessment of the credibility of scientific experts themselves who proffer the scientific evidence. Those assessments show a social dimension of scientific evidence, and reflect its external mechanism . According to the structure and properties of the admissibility of scientific evidence, we can epistemologically and systemically construct a system of the standards for the admissibility of scientific evidence.
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