Thinking Of The Law Of Evidence Of The Psychological Test Results

With society's unceasing development and people's tireless pursuit for the truth of case, the modern judicature practices specially the trial become more diversified and scientific. Especially since modern times, people inject many new elements to trial. Among them, the application of psychological test conclusions is especially eye-catching. It is not only popular in the international judicial community but also in our judicial investigation and judicial practice. Naturally, the authority and the legal status of the psychological test become the focus of attention, also whether the psychological can be directly used in court as evidence caused a greater dispute. But looking internally, the theoretical study has just started in this area. So this dissertation attempts to do something positive in this exploration.This dissertation falls into four parts:In pare one, it carries on a brief summary to the present psychology test conclusion research, analyses the foreign and domestic research situation about the psychological test conclusion, then proposes the focus of this paper as well as this paper's innovation spot.In part two, it studies and assesses the concept of Psychological test conclusion. It clarifies two misconceptions about the definition of psychological tests conclusion, and points out the psychological test conclusion is its science name, rather than lie detection conclusion or the psychological test result. Later this paper makes a brief review on the history of psychological testing technology and introduces the newest psychological test technology development, simultaneously introduces the psychological test implementation steps and analyzes the psychological test conclusion scientific principle.In part three, This paper inspects the psychological test conclusion used in judicial practice by the United States, Japan, Germany, Britain, Italy and China .we can see whether countries use it as evidence in court, there are still theoretical and judicial highly controversial. But that Psychological test conclusion used as evidence has gained the upper hand.In part four, it analyzes the characteristics and the value of applying judicial practice about the psychological test conclusion. We should use psychological test conclusion while we have to a thorough understanding of the role, not blindly trust blindly or exclusion.In part five, it inspects the psychological test conclusion's evidence attribute, the paper takes evidence's objective ,connection, validity as an angle of view, regards the psychological test conclusion conforms to the evidence basic characteristic and therefore it belongs to the evidence' category.In part six, in the fourth part of foundation, it has further proven the psychological test conclusion's evidence type ownership. Since the psychological test conclusion should belong to the evidence, which evidence type then it should belong to? Through introducing several different viewpoints, the paper points out the psychological test conclusion conforms to the written characteristic, should belong to the written conclusion.The seventh part finally proposed a proposition that China should establish a psychological test conclusions evidence system. Our country present psychological test conclusion evidence system is seriously insufficiency, mainly manifested in a serious departure from the legislature and the judiciary; test main body chaotic; low-level; test procedures confusion; the use of psychological tests concluded the lack of legal norms. Therefore, we must found the psychological test conclusion evidence system through the Legislation consummation the judicial consummation.