科学技术与证据裁判:一种历史进路的研究  

Science and Technology and Evidence-based Adjudication:A view Based on a Historical Research Approach

作　　者：李蓉[1] 

机构地区：[1]湘潭大学法学院,湖南湘潭411105

出　　处：《湖南大学学报（社会科学版）》2013年第5期140-145,共6页Journal of Hunan University(Social Sciences)

基　　金：湖南省教育厅青年项目"中国社会变迁与刑事诉讼制度现代化"(07B080)

摘　　要：神明裁判运用证据的特点是将证据问题与案件事实认定分离,证据问题由法官裁判,其他则交由"神"裁,结果导致证据与案件事实之间的连接断裂。中世纪后,学术理论与经验方法被广泛运用于制度构建和个案处理,为法官正确认定案件事实提供了智识支持,因而法定证据制度进步性明显:证据与案件事实认定的对应使人们可检视事实认定的错误;在经验基础上归纳的证明规则有助于实现裁判公正。"高精技术证据时代"给现代证据裁判原则带来的冲击正推动证据制度发展。The features of the deity included the following： evidence was separated from facts of the case; matters of evidence and proofing were decided by judges, other things belonged to ＂Magical＂, which led to that there was not a clear link between the evidence and facts of the case. After the middle ages, ac-ademic demonstrating methods were widely used in the theory for constructing legal system and the prac-tices of deciding case, which provided intellectual supports for fact-finding precision. Compared with the deity , there were remarkable progresses in numerical proof system, such as the evidences were correspond to fact-finding, which is good for checking the errors of fact-finding; the rules were generalized and re-fined, whick favored to ensure the fairness of adjudication. Nowadays, ＂the era of the high-precision tech-nology evidence ＂ has taken new challenges to evidence-based adjudication, which is promoting the devel-opment of each country＇s evidence system .

关 键 词：证据裁判 科学证据 法定证据 神示证据 

分 类 号：D915.3[政治法律—诉讼法学]