Study On Evidence Effect Of Polygraph Test Conclusion

With the advance of technology, the measures used for fact finding during the court trial have been tremendously developed, which makes the legality and regulation of such measures an unavoidable question for judges and lawyers. Forensic measures for physical traces, DNA test, fingerprint tests, etc. have been widely accepted and adopted to reconstruct the case facts during litigations. However, the public still seems to be skeptical to those modern forensic measures, for example, the polygraph test has always been a controversial issues among public opinions. In Chinese law, there is no clear articles or regulations about how polygraph should be used. Meanwhile, the polygraphs have been widely use by the police in the practice and gradually becomes an essential part of investigation. Consequently, the legal basis for admission of evidence that is resulted from polygraph test conclusion for a court trial is urgently needed nowadays.The first chapter introduces the history of polygraph test. The first part focuses on the adoption of psychological techniques used during court trial in ancient China, and the perfection of lie test by the western countries. The second part lists the attitude of each country towards the admission of polygraph test conclusion, which further concludes that the conclusion that resulted from polygraph has been adopted as essential evidence of litigation in many nations.The second chapter explained the definition, concept and know-how, etc. of polygraph test. The first part focuses on its definition; the second part focuses on the scientific basis for polygraph test, which further leads to the conclusion that polygraph test should be trusted based on the science behind it; the third part lists some normal ways of polygraph test, which helps the understanding of such test.The third chapter introduces the value of polygraph test conclusion in both civil and criminal actions. The first part is divided into six sub-chapters, explaining the significance of test conclusion for criminal action. The second part introduces the significance of test conclusion for civil action.The fourth chapter is considered essential, which analyzes the nature of polygraph test conclusion with jurisprudence theory. The first part introduces three different views with regard to the test conclusion; the second part analyzes from the evidence aspect that whether the test conclusion should be subject to the three attributes of evidence; the third part concludes that which category of evidence should the test conclusion fall in.The fifth chapter proposed a future structure for regulating the polygraph test and test conclusion. The first chapter focuses on the establishment of polygraph test permit for test agencies and test personnel; the second part discusses the test procedure and standard from the technical aspect; the third part proposes a regulation of polygraph test from the litigation aspect.The purpose of this essay is to discuss the value and attributes of polygraph test, and propose a structure for test performance. The writer hopes that the polygraph test can be adopted as legitimate evidence in the procedural laws.