Selected Papers of The Jurist (法学家), Volume 6
Edited by Jichun Shi
Chapter 10: Proof analysis and rules creation on DNA expert opinions
It is a new angle of view from that of logic, experience and science to construct the proof analysis theory and research method in the present evidence law research, which helps to broaden the research field of science of evidence law. It is necessary to conduct thorough proof analysis of DNA appraisement opinions from the five aspects of object of proof, logic derivation relation, incidence relation, incidence strength, and credibility. Analysis of the proof object can make the domain of judicial proof of DNA appraisement opinions clear. Analysis of the logic derivation relation can make the proof principles of DNA appraisement opinions clear. Analysis of the incidence relation can make the proof nature of DNA appraisement opinions clear. Analysis of the incidence strength can make the proof function of DNA appraisement opinions clear. Analysis of the credibility can find all kinds of factors which influence judicial application, including aspects of authenticity, accuracy and reliability. In order to control the judicial application of DNA appraisement opinions from the angle of proof, it is necessary to establish the notion of optimization of proof and the notion of systematic incidence, and create the new rules of the double-blind appraisement rule, the synchronous dual appraisement rule and the absolute exclusionary rule.
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