Abstract:

A logical chain for applying DNA evidence correctly is constructed in order to prevent DNA evidence from being misinterpreted and wrongly used, to distinguishing the rights and responsibilities clearly between forensic scientists and judges, as well as to guarantee the accuracy of fact -finding and the fairness of judicial adjudication. By means of probability and statistics, the necessity and rationality of transforming “evidence matches the accused（ to ）the accused is the source of evidence （are suggested, and a preliminary idea to achieve this logic transformation is put forward. In addition, the major DNA evidence interpretation methods in China are classified and evaluated.

Key words: DNA evidence, logical reasoning, probability and statistics

摘要：

拟构建一套正确应用DNA证据的逻辑框架，以避免DNA证据被错误解读和运用，明确法庭科学家和法庭审判 者在DNA证据应用中的权责界限，保障事实认定之准确性和司法审判之公正性&提出了以概率统计学为工具，实现从 “匹配”到“来源”之逻辑转化的必要性、合理性以及初步构想，并对当下主要的DNA证据解释方法予以分类和评价。

关键词: DNA证据, 逻辑推理, 概率统计