The Evidential Value Of The Conclusion Of Lie Detector

The development of modern science and technology, expanding the scope of the Evidence, enrich the meaning of the rules of evidence, but also challenge the review and the collection of evidence. Polygraph technology has played a great role in identify the fact of the case and the efficiency of the lawsuit in judicial practice, but there have a great controversial on the use of polygraph technology at home and abroad, also they failed to form a consensus in the on legal status of the polygraph conclusions in the evidence law. Polygraph technology has been widely used in the judicial practice in China, but because the law does not regulate it, the use of polygraph technology is blank, which makes the application of the polygraph technique can not to follow, but also seriously hampered the further development of the polygraph technology. Therefore, clear the legal status of polygraph conclusion and establish the legal norm of the polygraph technique is a great significance for promoting the improvement of Chinese procedural law.This paper is divided into five chapters:The first chapter review the history of the polygraph technology development, the author briefly reviewed the polygraph technology development from ancient to modern society, indicating that the polygraph is not a new things, almost it is developed with the human trial activities, it has a long history. Subsequently the author introduced the polygraph technology development trends and a few emerging technologies.The second chapter is the principle of polygraph technology and how to use the technology. This chapter reveals the principle of polygraph technology from psychological sciences and physiological sciences, and show that the polygraph technique is based on the scientific theory. In simple terms, according to a psychological theory of stimulus-response, people will form a certain "psychological traces" in their brain which they experienced, when the stimulate presented again, the" psychological traces "will be activated, trigger a series of physiological responses, the polygraph device records the data of the physiological responses, polygraph experts analysis the data, they write a polygraph report, that is polygraph conclusion. Subsequently we introduce some of the world’s popular polygraph methods, such as relevant-not relevant testing method, scenario testing method.The third chapter is the value of the polygraph technology and polygraph conclusions in judicial practice. This chapter first discusses the polygraph technology play an active role in the criminal investigation process, for example, as soon as possible to exclude the innocent suspect, making the investigation work more detailed and discovery new clues. Section II examines the role of the polygraph conclusion in the trial activities. Section III summarizes the problems of the polygraph technology encountered in practice, such as the accuracy of the polygraph, the polygraph process is a violation of human rights, moral and ethical crisis caused by the use of the polygraph.The fourth chapter is the qualification of the polygraph conclusions in evidence law. This chapter describes countries and regions which are in favor of the qualifications of polygraph conclusions and opposite the qualifications of polygraph conclusions, and describes the attitude of the theory and practice to the polygraph conclusions in our country. Subsequently discusses the main point of the scholars who holds these two attitudes, I believe that the substance of the controversy is the conflict of facts and values, ideals and the reality. At last I put some suggestions to resolve these disputes.The fifth chapter is the value of the polygraph conclusions as evidence and the assumptions to standard the polygraph conception. The chapter first positioned the attribution of the polygraph conclusion in evidence law. We think that polygraph conclusion is attribute to indirect evidence and derived evidence, it should belong to the expert conclusion in our legal evidence. Thereafter put some ideas about how to standard the polygraph technology and the application of the polygraph conclusion according to our actual situation, such as clear the qualifications of the polygraph agencies and the polygraph examiner, observe the voluntary principle, the exclusion criteria of the subjects.