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刑事科学技术是公安工作的重要组成部分,是公安机关办理案件中形成鉴定结论等法定证据的重要手段,它对查明事实真相、侦查破案、执法办案和案件诉讼发挥着支撑作用。案件事实只能依靠证据来推断,但证据有真有假,所以, 正确认定证据,是正确判明案件事实、准确适用法律的基础。有学者甚至建议将“以事实为根据,以法律为准绳”的准则改为“以证据为基础,以法律为准绳”。从查明事实的办案观转向证明事实的办案观,其实质就是要遵循现代司法活动中“以证据为本”的原则,即司法证明必须以证据为本源和基石,司法活动必须以证据为中心。正因如此,刑事技术鉴定的证据效应日益凸显。
Criminal science and technology is an important part of public security work and an important means for public security organs to handle the statutory evidence such as the appraisal conclusion in the case. It plays a supporting role in identifying the truth, investigating and resolving cases, law enforcement cases and case lawsuits. The facts of the case can only be inferred from the evidence, but the evidence is true and false. Therefore, correctly identifying the evidence is the basis for correctly determining the facts of the case and accurately applying the law. Some scholars even suggested that the criterion of “based on facts and based on law be changed to” evidence-based and law-based. “ The essence is to follow the principle of ”evidence-based" in modern judicial activities, that is, judicial evidence must be evidence-based and cornerstone, and judicial activities must be evidence-centered . Because of this, the evidence effect of criminal technology appraisal has become increasingly prominent.