On The Polygraph Evidence

Persons have the ability of lying since had found way to distinction from animal world because of head development. Lies which become invisible cloak that can cover the crime and become hidden weapons attacking others always exists lawsuit process. Therefore, differentiating and analyzing lies from truth becomes necessary and unavoidable in the process of judicature practice since the ancient times and accompanies every criminal case. Persons assiduously seek methods that can ascertain truths and expose lies by all means over the last thousands years. The practicing and researching of obtaining lie-detection evidence never stops. With rapid development of science and technology many parameters LIE detectors and sound analyzing LIE detectors etc have been invented. Today, lie-detection technology has been developed to a appropriate greed which make it possible to apply lie-detection evidence to lawsuit and enrich it to lawsuit system. Transforming lie-detection result to legality means has been strongly demanded in activity of judicature lawsuit. As a new evidence in practice judicature practice of lie-detection evidence is headed from legislation and plays a special roles in solving and hearing cases and composing evidence chain. But the attitude of researchers to lie-detection evidence is cautious. In this article I explored the controverter problems in practice that lie-detection evidence reliability and conflict between lie-detection evidence and human rights theory and its available and its testify and law position.This article has four chapters:The first chapter introduced history and applying of lie-detection evidence. First of all, the author of the article did a brief review of lie-detection evidence of ancient, modern and contemporary history, and after that classified the recognition and application of lie-detection evidence of the countries in the world, and concluded that lie-detection had become major evidence in criminal litigates activities in many countries.The second chapter value the assessment that lie-detection is applied to litigate activities. The author analyzed both positive and negative role of lie-detection evidence in criminal proceedings, and concluded that lie-detection evidence contributed to the promotion of fairness of substantive and procedural, and increased the efficiency of criminal proceedings, and to fill a blank of proven criminal. The negative effect is that there are an risk of error guiding and an impact on human rights, and the possibility related to the ethical issues.Chapter three argued the admissibility of lie-detection evidence. First, both the scientific reliability and limitations of lie-detection evidence are confirmed by analyzing. Its limitations are the main reasons of problems emergence in practice. But it can be avoided through standardizing the technology and building the proceedings. After analyzing the conflict between lie-detection evidence and the rule of human rights safeguard and the relevance of lie-detection evidence, I came to conclusion that there was a conflict between lie-detection evidence and not to the principle of self-incrimination and the presumption of innocence and the essential of privacy right inexistence, and there was relevance between lie-detection evidence and the case, so it had admissibility.Chapter four discussed the rules of testify ability and legal status. In this chapter the author brought forward that lie-detection evidence should follow free evaluation rules of testify ability and limited adoption rules and the rules that can not be convicted only by lie-detection evidence. Lie-detection evidence will be classified as legal identification conclusion bases its special attributes. I think that lie-detection evidence belongs to circumstantial evidence and derived reinforcing evidence.Chapter five discussed building legislation of lie-detection evidence. For technical criterion the author brought forward that we should establish a unified stringent inspection and training system of lie-detection person and technical specifications and technical rules and standards of evidence and examination system of tested members, to ensure the scientific nature of lie-detection evidence. For establishment of lie-detection evidence proceedings system, the author proposed that we should establish the rules of procedure to start generating of lie-detection evidence, and establish the investigation system of cross-examination and the lie-detection members to testify in court and the full video evidence to be sealed to ensure that we can find the true lie-detection evidence and the value of the proceedings such as protection of human rights.The purpose and significance of this paper is analyzing and discussing the value and admissibility and testify rules and building legislation of applying lie-detection evidence to criminal proceedings, to introduce further evidence of criminal evidence system.