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The Wigmore judicial proved scientific research

Author: ZhengFei
Tutor: ZhangBaoSheng
School: China University of Political Science
Course: Legal Theory
Keywords: Evidence Scholarship Law of Evidence Rules of Evidence Prove science Evidence Science
CLC: D915.13
Type: Master's thesis
Year: 2011
Downloads: 88
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Abstract


China should construct what kind of evidence disciplines? Academic discussion of the law of evidence is a hot issue. To answer this question, the paper selected Wigmore judicial proof science research object. First, from the point of view of the history of ideas combed Wigmore judicial proves the ins and outs of the science; subsequently modeled monographs of the \core ideology; Finally, the use of the sociology of knowledge, tools discussed Wigmore from the rules of evidence \The way to resolve this issue and path. This paper is divided into the following sections. Introduction and first chapter, first talk about the factual findings and our evidence neglected disciplines construct the controversy, pointed out that the judicial proof Wigmore Why study science, as well as the significance of the research, and academia concept controversial simple combing and re-defined to avoid confusion of these concepts below use. Chapter II, Wigmore judicial proof the scientific rationalist tradition. The part from the point of view of the history of ideas, combing the rationalist tradition the Wigmore judicial proves the ins and outs of the science, and the heritage of the Anglo-American Law of Evidence study the judicial proof Wigmore core idea of ??the scientific and academic steering the foundation below. Chapter Wigmore judicial proof core idea of ??the science. The main part of the monographs of the \The judicial scientific theoretical system is built up by the two books: the former system discussed almost all of the rules and principles of the Evidence Act centuries, and the book has appeared in \bud; analysis due to the limitations of the former can not be systematically or completely in accordance with the envisaged as discusses what he calls \detailed dimensions of science, psychology, and general experience to \Chapter 4, \The part of the use of the academic debate about the \carefully discriminates the rules of evidence and proof of scientific scope of its relationship. The study found that Wigmore only one, because despite his two books have focused on, but constitute an ambitious judicial proof scientific theoretical system: the system of \level concern the admissibility of evidence, and \The fifth and conclusions Wigmore judicial proof of the impact of science and revelation. This section first discusses the the Wigmore Judicial prove science \Construct the revelation of the theoretical system to the Chinese evidence disciplines, mainly two aspects: First Wigmore judicial proof science \evidence of science \significance. We may be able to establish \Studies (including forensic science, forensic psychology, that logic and probability theory, etc.) conduct in-depth research and the formation of a research team of scientific evidence of an interdisciplinary cross. Such a realistic open disciplinary research paradigm, more meaningful than simply defined in the rules of evidence for the development of evidence disciplines. Because the evidence of science development, the development of the law of evidence will have a positive impact, and the development of the law of evidence also be evidence of learning development role, so as to promote the development of the evidence of science as a whole.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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