A Study On The Evidence Qualification Of Polygraph Conclusion In Criminal Proceedings

Throughout the entire criminal litigation process，polygraph conclusions play an importantrole from the investigation stage to the trial stage, but its evidence qualifications and probativeforces have been subjected to public concern, it is also the topic of academic debate.Opposition scholars question polygraph conclusion`s evidence qualifications mainly from thefollowing aspects: the scientific of polygraph conclusions, the accuracy of it, whether havethe evidence`s " nature", and the conflict with the principle of "not to be compelledself-incrimination,"even list some miscarriages of justice in the practice bested on polygraphconclusion. Aimed at those scholars questions of the conclusions of the polygraph mentionedabove, based on the analysis and investigation of relevant issues, combine with the relevantprovisions of the new Code of Criminal Procedure, I put forward my theory view thatpolygraph s should be endued evidence qualification. On its scientific aspects, polygraphalready has mature psychology, physiology basis, focusing from a psychological point ofview;On its accuracy aspects, physiological parameters that polygraph based on are moresophisticated, and100percent accurate evidences does not exist, if it achieves a high degreeof probability, we cannot deny its evidentiary value; its polygraph scientific theory, theobjectivity of the testing process, the substantive contact with the case and the proof value,corresponding with the new meaning of the evidence in the Code of Criminal Procedure, allof these indicate that polygraph conclusions possess evidence characteristics. Polygraph testis not forced confessions of people who are tested, so it do not violate the "no forcedself-incrimination" principle; whereas the incidence of miscarriages of justice are not due topolygraph technology itself. At last, there is an urgent need of polygraph conclusions evidencequalified in the reality of our country, polygraph Evidence become more and moreimportant.On the path of the realization of polygraph evidence, we must first establish thescientific concept of polygraph evidence, and secondly to guarantee a rational use ofpolygraph conclusion on the legislative, at last, to protect the polygraph`s hardwareimplementation in technical aspect.