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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。
With the development of science and technology and the intelligent crime, the application of scientific evidence in judicial practice is more and more widespread. However, because of its technical novelty and reliability, it is hard to get the general approval of science and law circles. In addition, it is easy to violate citizens’ personal privacy and personal freedom in the operation such as personal rights. Therefore, The application of justice process have taken a very cautious attitude. This article makes a brief analysis from the point of view of the meaning of scientific evidence, its evidence ability and the proof power, and makes a preliminary discussion on the application of our scientific evidence.