The Value Orientation Of Criminal Psychological Test And Procedural Regulation

Criminal psychological test technology is an advanced judicial applied technology used only in the recent years. This technology mainly applies the principle of"stimulus - reaction"in Psychology and Physiology to distinguish the criminal from the innocent through testing the criminal psychological sign of suspects. The traditional hypothesis of"lie detection"is not scientific. At present, criminal psychological test technology mainly applies in the field of criminal judiciary, especially playing a great part in investigation process .Although the technology has some restrictive nature, the scientific nature of its principle and the reliable nature of its conclusion have been proved by practice.On the basis of acknowledging the value of criminal psychological test, the thesis analyses the evidentiary property of the test conclusion. The criminal psychological test conclusion has evidential qualification. It should be classified as"expert's conclusion"in its nature. In terms of its evidential power, the criminal psychological test conclusion can not only examine the authenticity of other evidences, but also can be used as the basis of finding out the facts of the case. Especially when the test conclusion demonstrates that the suspect is innocent, the court could make a sentence that the defendant is in innocence. However, it should be together with other evidences to maintain the defendant guilty.Owing to the vague of current law and the lack of industry standard, the criminal psychological test technology is misused in judicial practice. Furthermore, the criminal psychological test subjects, test equipment, test environment, test procedures and so on are in disorder. Thus it's necessary to standardize it from legislation to judiciary. Such as definitude the evidentiary property of the criminal psychological test conclusion in legislation, give the test subjects with the same legal status as the expert, and strengthen the management of the criminal test technology, etc., in order to make it properly used and develop in the healthy way as soon as possible.