CAJ | 학술논문

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。
과학증거적가채성시지시채납모일과학증거작위증명모일사실적표준혹조건。목전아국환몰유건립명학적과학증거가채성표준，이재과학증거연구최발체적영미국가，과학증거가채성표준중적일사기본요소야시규전불청적。통과대과학증거가채성표준적역사고찰화인식론반사，병근거과학증거재진상발현중적공능，가이상시종내재속성화외재속성량개방면래심시과학증거가채성적결구。과학증거가채성적표준주요포괄：과학증거본신적과학유효성、가고성、과학상관성이급과학전가적가신성등。
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 standard of admissibility for scientific evidence ting in ty of s the clen failure of tific evide The confused epistemological presumption of makes it difficult to be a rule in reality, resul- U. S. Federal Rule of Evidence to make a clear stipulation for the admissib nce. 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 proper- ties 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 assess- ments show a social dimension of scientific evidence, and reflect its external mechanism . Accord- ing 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.