Study On The Evidence Attribute Of Polygraph Conclusion

As one of the detecting technology, polygraph is wildly used in various civil and commercial lawsuits judgment, lots news reported it. Some courts tried to introduce the Polygraph conclusion into the judgment, but it came to lots of controversial, both in the public and in the academic field. What problem would the polygraph conclusion bring when it was applied in the civil and commercial cases judgment? What is the attitude of the theoretical field and the practice field about it? Whether the polygraph conclusions can be used as evidences in the civil lawsuits? Based on analysis of the evidence attribute of the polygraph conclusion and the previous civil lawsuits applied with polygraph technology, this paper tried to analyzed the meaning of taking the polygraph as evidence value in theory, the applicability and the evidence property of the polygraph conclusion in practice, and advocated that the polygraph conclusion should be endowed evidence property, but consider the current condition for taking the polygraph conclusion as evidence is immature, the effectiveness of such evidence should be limited.The paper is discussed in four chapters, details are as follows:Chapter one discussed the scientific theories and the development of the polygraph. This chapter can be divided into two segments, the first one introduced the theory of the polygraph, its procedure and structure, in order to give a brief overview of the technology; the second segment make a comparison and an analysis of the technology, summarized the domestic and oversea judicial application and its development home and aboard. Chapter two analyzed the polygraph technology in the judicial field. This chapter is discussed in three segments, the first segment gives a brief introduction about the introducing process of the polygraph technology into the Chinese judicial field; the second segment focused on the different and similar points of the polygraph application between the criminal lawsuits and the civil cases; while the third one try to measure how much the extent of polygraph conclusion is taken into account when it is applied in civil trial, in order to find out supportive instances for its application.Chapter three made an analysis on the value of the polygraph conclusion, and answered several questions about the polygraph theory. The content can be classified into two parts, the first one discussed the meaning of the polygraph conclusion, for the Polygraph is based on the judicial practical experience, it would enforce the interior assurance of the judge officer, identify the false lawsuit ; because its realization is based on the legal value, it would reach the maximum legal reality, realize the judicial justice and promote the civil procedure evidence system. The second one answered four controversial questions about the Polygraph g property: whether it broke the evidence rules, whether it has the legal evidence form, whether there is relevance between them, whether the subjectivity of it is too strong and so on.Chapter four discussed the property of the polygraph evidence in three segments. In the first segment, the"three principle"of the evidence was demonstrate separately, and proved that the polygraph conclusion accordance with the fundamental requirement of the evidence; in the second one, by proving the evidence property of the polygraph result, it is identified as the expert conclusion; the third segment analyzed the effectiveness of the polygraph result, and conclude the definition of the Polygraph result in the civil lawsuits, which is a indirect, reinforced, limited applied evidence.