科学证据克服了常识证据的表象性、模糊性等缺陷,是对常识证据的超越,但超越并不意味着科学证据可以替代常识证据,更不意味着常识证据退出了诉讼舞台。当前,在诉讼实务中,人们优先使用的仍是常识证据,科学证据只是作为常识证据的补充而排在第二位。美国比较法学家达马斯卡教授的“科学将会将经验常识从事实认定中彻底清除”的观点有所偏颇。 Scientific evidence overcomes the defects such as the appearance and ambiguity of common sense evidence, which is beyond the common sense evidence. However, beyond does not mean that scientific evidence can substitute for common sense evidence, nor does it imply that common sense evidence has been withdrawn from the litigation stage. At present, people still prefer to use common sense evidence in litigation practice, and scientific evidence only ranks second in addition to common sense evidence. The comparative jurisprudence of Professor Damasca’s “science will completely remove common-sense from common ground”.