The Evidence Value Of Polygraph Conclusion Is Analysed

With the development of science and technology, various technical means of fact-finding poses a big challenge to the traditional survey model in the judicial proceedings. Whether use technical ways for litigious activities and how to apply them standardly, which is a problem that people can no longer shunt aside. Nowadays, many modern technologies are accepted by the great majority of people and used for asserting the fact of case, such as DNA Identification, Dactyloscopy and so on. However, people also guard about some methods of scientific fact-finding or lack determination to accept them completely. A typical case to reflect that situation is the difficulty in applying polygraph conclusion for criminal action. In China, there is no regulations about lie-detection techniques in criminal law, but the technique and polygraph conclusion are widely used in judicial practice. Lie-detection conclusion is a contentious issue with great research value. Obviously, we can’t keep running from this problem and it is incorrect to affirm blindly and deny blindly. So we should treat it rationally. Theoretical research on polygraph is relatively backward, which is out of keeping with the practice status of lie-detection technique in our country. At present, we neither have any deeply research on the research of its basal principle, especially on physiology and psychology, nor have any relevant criminal rules, which don’t accord with the fact that polygraph techniques are used in judicial practice, from the perspective of the Criminal Procedural Law. The writer plans to start with the lie-detection technique’s history, principle and ways, on the basis by learning other countries legislative and judicial experience of polygraph conclusion, and focus on the legal orientation of polygraph conclusion and finding out the way to set up specific lie-detection technique application system under China’s current conditions.In Chapter One, it firstly gives a brief review and analysis to lie-detection of all times and all countries, introducing key research aspects for modern lie-detection technique. Secondly, it investigates polygraph’s application in foreign countries. The USA and Japan are the typical representatives of supporters, while the Germany, Italy and France are on the other side. The article also analyses the cause of this two entirely different attitudesChapter Two not only indicates the scientific of polygraph but also shows its limitations in practice, by studying the theories of psychology. Then the text gives a further introduction to polygraph’s methods and procedures, coming to a conclusion that polygraph procedure is a complex systematic process. Because it has strict requirements in qualities of lie detector, test environment, time and testee conditions.Chapter three is the key of the article and emphasize on admissibility of polygraph evidence. Firstly, it pointed out both the positive effects and limits of polygraph evidence. The polygraph evidence has several downsides:its theory hasn’t been well confirmed, technology ambiguity and dissimilation of its application in our country. Therefore, those problems can be overcome and avoided by regulating technology and setting up judicial proceeding. Secondly, this chapter set forth technical problems in polygraph evidence as accuracy rate. It also points issues of value such as polygraph evidence conflict with legal rule of safeguard, which finally proved no substantive conflict between them, then explaining the desirability of this special evidence. At the end of this chapter, the writer puts forward some advice on evidence traits of polygraph conclusion.Chapter four is about the establishment of legal system of polygraph evidence. Based on the analysis above, we realize that the human ration existing limitation and no technique is infallible. Although polygraph conclusion contains certain error rate, it has value as the evidence for confirming the truth of cases in legal process. We need not deny the polygraph conclusion, in the right direction is selecting the correct value and acceptable rationality. However, polygraph as the basal evidential material for recognizing entity’s reality, it must pass both the examination of evidence rules and revise of applicable rules.