关键词: 刑事错案；科学证据；实证分析；控制路径

Abstract: Scientific evidence has become an important means of judicial proof in the 21st century due to its scientific characteristics. However, with the continuous disclosure of problems relating to scientific evidence in misjudged criminal cases, the reliability of scientific evidence has been greatly challenged. There are obvious differences in understanding of this issue between legal persons and forensic scientists. Therefore, this paper first presents the current status of the application of scientific evidence in judicial practice to provide a suitable perspective and basis for comprehensively understanding the reliability of scientific evidence. Secondly, taking the misjudged cases as the sample, 71 misjudged cases relating to scientific evidence were sorted out and the problems of scientific evidence in these cases were summed up. Then analysis was performed according to their types to explore the causes of different scientific evidence issues in the misjudged cases. Finally, based on the characteristics of scientific evidence and its application in the misjudged cases, this paper discusses some reasonable control paths of scientific evidence in preventing and correcting the cases.

Key words: misjudged criminal case; scientific evidence; empirical analysis; control path