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On Legal Position And Application Regulations Of Polygraph Conclusion

Posted on:2007-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166360185954235Subject:Law
Abstract/Summary:PDF Full Text Request
Science and technology develops with each passing day. Polygraph technology, which was covered with a mysterious veil in the past, has become more and more familiar to people and polygraph conclusion is used more and more widely. After accepting the authorization, the polygraph examiner examines the suspected person according to certain programs and rules and records his or her responses, then analyzes them by specialized knowledge and skill and finally gets the conclusion. The technology was used in criminal procedure at first. And nowadays it has pervaded in China's civil trials.However, the legal position of polygraph conclusion has been controversial in academic circles. There is no verdict on the application of polygraph and its conclusion in legal procedure,the legal position of polygraph conclusion,whether polygraph conclusion can be used as evidence and what proof role can it play. What's more, because polygraph technology has a longer history in criminal procedure then that in civil procedure, study of legal position of polygraph conclusion mainly focuses on criminal area. There are few researches of legal position of polygraph conclusion in civil area. There must be differences between application of polygraph conclusion in civil procedure and that in criminal procedure. With pervasion of polygraph conclusion in civil trials, we can not neglect to position it in civil procedure. This dissertation concentrates on solving three major problems: first, whether polygraph conclusion has evidence capability in civil procedure; second, what kind of evidence it is if it has evidence capability; third, what regulations should applied to govern polygraph evidence in civil procedure.The dissertation consists of three chapters.Chapter one is a brief introduction of polygraph. The author simply introduces the history of lie-detecting and its instruments, explains the lie-detecting theory and several lie-detecting methods and points out influencing factors of polygraph conclusion. At last, the author summarizes that polygraph is scientific, but the reliability of its conclusion should be guaranteed by strict procedure.In the second chapter, the author analyzes the theories and practices about application of polygraph conclusion in several representative countries. Through the analysis, we can see the following facts: polygraph has been extensively used and its application value can not be denied; the function polygraph played in judicial practice has been sufficiently confirmed; there are strict regulations governing the application of polygraph and its conclusion; practice walks ahead of legislation on the evidence effectiveness of polygraph conclusion.The third chapter, legal position of polygraph conclusion in China's evidence system, is the core of the dissertation. Someone thinks that polygraph conclusion does not have evidence capability while others hold that it has evidence capability and belongs to conclusion of expert evaluation. After analyzing whether polygraph conclusion confirms to the three characteristics of evidence and the legal features of conclusion of expert evaluation, the author points out that polygraph conclusion is an independent kind of evidence and puts forward its application regulations.With the coming of the new century, fast development of natural science and emerging of new things put forward new tasks for us. Law theory should be combined closely with natural science to catch up with the development of times.The aim and meaning of the dissertation lies in providing some ideas and suggestions for the evidence effectiveness of polygraph conclusion and its application regulations in civil procedure.
Keywords/Search Tags:Polygraph Conclusion, Civil Procedure, Evidence Capability, Evidence Regulation
PDF Full Text Request
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