Polygraph Conclusions Of Research

With the development of modern science and technology, scientific evidence has been widely used in judicial procedure and increasingly impacted on the evidence rules. Polygraph test (a kind of psychological test), also called as lie detection, is a milestone in human history of revealing truth, and plays an important role in fact detection and proof. But the application of polygraph and legal status of the conclusion are still under dispute. Although polygraph test has been widely used in China's judicial practice, the existing law does not regulate it. There are no norms on test personnel, the suitable object, the principle and condition, the operation procedure as well as the admissibility rules. It leads to the disorder of polygraph application and holdback the advancement of the technology in judicial proceedings. So I make lots of research on the application of polygraph conclusion from the angle of evidence law, in the hope of making some contribution to the proper application and regulation of lie detection. This paper is divided into four main parts:The first part is a brief introduction of the concept of lie detection technology and polygraph conclusion, as well as the scientific principles and methods of polygraph test. Polygraph test, a comprehensive technology with high accuracy, is based on the principles of psychology, biology, electronics, criminal detection and other disciplines. Professional test personnel can draw a polygraph conclusion, according to the physiological diagram which is a response to mental stimulation of the person under test while answering questions. The conclusion tells whether the person under test lies or is related with the case.The second part mainly investigates the application of polygraph conclusion in domestic and foreign countries. Firstly, there are totally different attitudes towards the conclusion abroad, respectively with the affirmative attitude of the United States and Japan, the negative attitude of Germany, Italy and France. Then the paper makes a further analysis of reasons for these two attitudes. Secondly, in China the application and research of polygraph test got a late start, so there is a lack in theoretical research and practical regulations. Finally, the part also describes three problems of lie detection application in China's judicial practice in detail. The third part mainly discusses the legal position of polygraph conclusion from the visual angle of evidence law. Based on analysis of controversial issues related to the polygraph conclusion in theoretical and practical circles, it can be concluded that, firstly, lie detection has a high accuracy; secondly, polygraph conclusion has objectivity, relativity and legitimacy in nature; thirdly, polygraph test does not violate the principle of the presumption of innocence, neither will it become accomplices of extorting confessions by torture. So undoubtedly, polygraph conclusion, with competency of evidence, is a kind of science evidence and belongs to opinion evidence. This part still points out further that owing to its specialty, polygraph conclusion has a limited weight of proof. It is not objective to over-emphasize or simply deny the role of lie detection.The fourth part tries to construct the regulation rules of polygraph application from five aspects, that is: litigation position and qualification requirement of test personnel, suitable test object person and applicable types of cases, specific standard operating procedures, as well as the regulation rules of polygraph evidence. Finally the paper comes to the conclusion that regardless of their own attribute of the polygraph test, or from the demands of judicial practice, the evidence values of polygraph conclusion should not be overlooked, and a rational attitude towards polygraph and proper regulatory system are the top priority.