Study On The Evidence Attribute And Application Of Psychological Test Conclusion In Civil Procedure

The psychometric technology,as the saying goes lie detection , develops considerably both in the theory and practice in recent ten years. With the popular of this technique,it has been applied more and more extensively not only in the field of criminal investigation but also in the field of civil procedure.Along with the actuality ,people have an argument about whether the conclusion of the psychological test can be used as the evidence in the civil procedure . This dissertation focuses on the evidence attribute and application of psychological test conclusion in civil procedure. The article mainly discusses in several aspects as follows:Chapter1 mainly introduces the application of psychological test conclusion in litigation,and this chapter is distributed into two parts to describe.At first part,it introduces the application of psychological test in overseas litigation.It points out that the countries, which accept psychological test conclusion as the evdience in legislation,are still in dispute in the filed of using the conclusion as evidence. These countries accept using the conclusion as evidence on the premise that the development of psychometric technology can connect the conclusion with techological evidence in many respects.Admissibility of the techological evidence is based on the premise of reliability ,and its evidential effect is endowed not only with legislation but also with the agreement with prosecution and defence or the interested parties who agree to take the test.There is a series of procedural rules and reinforcement measures.The reasons why some countries don't accept psychological test in legislation ,are maily for protecting the interested parties spiritual freedom and personality right.The second part introduces the application of psychological test conclusion in the judicial practice of our country.It points out that although the attitudes of various regions to the conclusion are different,generally speaking,the application of psychological test is more and more popular.And its effect can not be ignorant.Chapter2 mainly introduces the principles and influence essential factors of psychological test.First of all,it telles us the development history of the test.When introducing the principles of psychological test ,it outstandingly emphasises the basic role of psychology,and crystallizes that the test must according to psychological laws at first.The essence of the result is by the mood which reflect by physiological indexes reacting level.The object of the test is psychological trace,but not single notice, cognition, stress or reflection etc indexes.The conclusion is made by testing personnel who base on the psychological result and combined with the testing process,the part's apparent acts then come to the subjective opinions.At last,it summarizes the influence factors of psychological test,and stresses that the factor of the party is the first place.Chater3 describes the attribute of psychological test conclusion.The conclusion has the character of expert conclusion,and at the same time it has the evidence's three qualities,so it has credibility.But the paper also points out that just because the test's own characteristics ,its credibility is incomplete,it only can be used as collateral or corroborative evidence.Chapter4 mainlys introduces the realistic necessity and significance of psychological test conclusion in civil procedure evidence.The discussion divide into three parts.At first part,it describes the reasons of opposing to use psychological test conclusion as civil procedure evidence,which include the suspicion of admissibility,the damage to evidence rules,the fear of lawsuit cost,the query to ascription of evidence,all have been resolved.The second part describes that the civil cases'running environment is not very good,so it is very necessary to apply psychological test.In addition,the role which the test plays in practice also provides practical support in using the conclusion as evidence. The third part describes acquisition of the conclusion and the evidence collection. The acquisition of the conclusion includes starting procedure and its conditions,selection of test institution and personnel, technical specification of the test and procedures etc.The evidence collection includes cross-examination and authentication. During above discussion introduces the facts that test institution and personnel in our contury, test instruments and checking methods,the system of expert witness appears in court are all not standardized.The conclusion part points out that the gaps in law and the disorder status of market make the confusion of extending psychometric technology.It is very difficult to characterize the conclusion as the evidence in law in a short time.However, psychological test its own is scientific.Applying this technology correctly and carefully is good for resolving a part of difficult civil disputes.