A third approach to the examination of scientific evidence:a progressive combination of the deference model and the education model
Faced with the challenge of difficulties in the scientific evidence examination after the disenchantment of scientific evidence,judges in practice have developed two coping methods:the deference model and the education model.However,the prevailing idea that let the judge choose one model between the two opposite models according to the circumstances,is unable to respond to the doubts of legitimacy of the transition from education model to deference model.According to the structure of scientific evidence,it can be found that,instead of being opposite,the deference model and the education model cooperate progressively in degree and stage.Therefore,judges may try a third approach to the examination of scientific evidence——a progressive combination of the deference model and the education model.Under such model,judges respect and defer to the scientific principles on which scientific evidence is based,meanwhile examine the case information on which scientific evidence is based and the final expert opinion after they were educated.By doing so,it responds to the legitimacy of the deference model.Meanwhile,the judge's responsibility for the substantive examination of scientific evidence can be strengthened,the reliability of scientific evidence can be improved,and the judicial justice and public credibility can be safeguarded.
Scientific evidenceForensic opinionJudging by deference modelEducation modelscientific consensusc
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