关键词: 植物新品种权诉讼, 鉴定意见, 科学证据, 证明标准, 证明力

Abstract: In the process of fact-finding, although the forensic practice and theoretical research have reached a consensus on the stance of getting rid of the shackles of “scientific determinism” regarding the regulation of acceptance of expert opinions with strong professionalism and technology, they have not changed from the existing opinions after breaking away from the appraisal opinions. The method of interpretation is systematically constructed from the source material of the law. Judicial proof in the context of scientific evidence, based on the standpoint of respecting science and preventing judges from losing their evidence, it is not appropriate to make incompatible argumentative reasoning between scientific methods and legal methods. In a specific type of litigation where judges cannot absolutely monopolize the power of fact-finding, it is not appropriate to easily abandon the expert opinion and replace it with technical method of law. Only when the evidence is unqualified or the judge chooses a lower standard for the degree of proof of the expert opinion within the range of probability, it is appropriate to obtain interpretation and filling tools from legal methods.

Key words: litigation for new plant variety rights, appraisal opinions, scientific evidence, proof standards, probative force