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The Application Of Polygraph In Civil Proceedings

Posted on:2013-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiuFull Text:PDF
GTID:2216330362467650Subject:Law
Abstract/Summary:PDF Full Text Request
Should polygraph be used in civil proceedings and is it qualified to beused as evidence? Upon this matter, various voices have risen from theacademia. Polygraph is a high-tech, which is widely used in civil proceedings;however, there are no related laws legislated regarding the validity of theapplication of polygraph. The advancement of justice practice and the delayin legislation has led to the disorder in the application of polygraph in civilproceedings.This thesis consists of five chapters, and is elaborated in the sequence ofthe detection of the problem, the analysis of the problem, and thesolution of the problem.Chapter one is a brief introduction of polygraph technology andconclusion. By introducing the concept, the origin and development, theprinciple, the procedures and conclusion of polygraph, you would gain a briefunderstanding on what polygraph is.In chapter two, the legislation of polygraph evidence's validity in several countries is introduced, and thus its current application status isdemonstrated. Besides, four main problems were raised regarding theapplication of polygraph.The third chapter mainly discussed about the position of polygraph.Based on the analysis of its liability and three attributes, which is objectivity,relativity and legitimacy, we can conclude that polygraph should be entitledto the validity as evidence. Besides, polygraph conclusion should beclassified as indirect evidence, which means that it can be used to testify theother evidence that lead to the conclusion.The fourth chapter is a discussion of the framework of polygraph system.This chapter introduced the standardization of Polygraph conditions, thequalification of polygraph entity, the restrictions of polygraph object, theregulations of polygraph, the application of polygraph conclusion, the censorof polygraph conclusion. Only a mature legislation of polygraph system canit better serve judicial practice, and thus maintain the impartiality andobjectivity of justice.
Keywords/Search Tags:polygraph conclusion, evidence qualification, opinionevidence, indirect evidence, the legislation of polygraph application
PDF Full Text Request
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