The Discuss About The Evidence's Ability Of The Probabilistic Comment Of Judicial Appraiser

In the practice of judicial authentication, if expert witnesses have reasonably, the best work, but still have no way to draw a clear appraisal suggestions, they will derive the probabilistic comment of judicial appraiser from existing information. Whether the probabilistic comment of judicial appraiser has the evidence's ability is a controversial issue. This paper tries to research the evidence's ability of the probabilistic comment of judicial appraiser in science and technology, laws and judicial authentication practice and so on field.This article has four parts. The first part gives a comparison to the meaning of the comment of judicial appraiser that in common law and civil law system. The argument of the meaning of the comment of judicial appraiser in China is introduced. Author thinks the appellation of comment of judicial appraiser is more accurate than the appellation of the appraisal conclusion. Moreover, the comment of judicial appraiser has the evidence attribute.The second part gives an introduction of the objective foundation and the subjective reason that the probabilistic comment of judicial appraiser is come into being. The article propose the comment of judicial appraiser is the probability evidence. The classification of the probabilistic comment of judicial appraiser in China is too simple to fit the need of judicial authentication practice.The third part introduces the argument about whether the probabilistic comment of judicial appraiser has the evidence's ability, analyse the legitimacy and the relevance of the probabilistic comment of judicial appraiser. Then the conclusion is drawn that the probabilistic comment of judicial appraiser has the evidence's ability. The evidence's ability of it is relevant with the degree of confirmation.The fourth part is how to deal with the probabilistic comment of judicial appraiser. The article propose the best processing mode is to remedy the probabilistic comment of judicial appraiser. For those probabilistic comment of judicial appraiser that cannot be remedied, the cross-examination is important. The article also demonstrates the judge standards and basic principles for the adoption of the probabilistic comment of judicial appraiser.