The Application Of Polygraph Conclusion In Civil Litigation Of China

With the improvement citizen's legal consciousness and the widespread implementations of the case-filling registration system,the amount of civil and commercial cases in China showed a blowout growth.The variety of difficult and complicated case types also increased.The technology of polygraph test was gradually extended from the field of criminal investigation to the civil trial as well.However,qualitative interpretations of the polygraph test outcomes are not clear so far.Meanwhile,applications of polygraph test outcomes are still controversial among theoretic world.Therefore,different courts show different attitudes towards the application of polygraph.Does polygraph conclusion arequalified as evidences?What type of evidence does it belong to? Howare the probative forces and evidence effects of polygraph conclusions? What rules should be abided by in applications? These are the key problems aspolygraph conclusion involved in application in civil litigation.Following the logic line of: bring out my question-analyze the problem-solve the problem.This paper consists of four parts:The first part mainly introduces applications of polygraph conclusions in civil litigation.By analyzing cases and judgments which related to polygraph,summarized the charactersand highlight issues of polygraph application in civil judicial practice and proposedthe necessity of polygraph conclusion application,which elicit the the key issue ofmy research.The second part analyzesthe emplacement of polygraph conclusion evidence,including three aspects: Thefirst aspect is to discuss whether polygraph conclusion qualified as evidences,focusing on the legitimacy of polygraph technology and polygraph conclusions.Thesecond aspect is to discuss the classification of polygraph conclusion,are they confession evidences? Should we categorized them as expert opinions.The third aspect is to elaborate polygraph evidence's probative force and evidential effect,in order to find theoretical supports for polygraph conclusion in the civil judicial practices.The third part introduces development processes and judicial applications of polygraph technology from several representativecountries and regions.By comparing summarizing,I demonstrate the value of those experiences as references to the polygraph application in China.The fourth part is to put forward some suggestions on the current application of polygraph conclusion.It includesfour sections: the first section is to strengthen the standardization and management of polygraph industry,providing the preconditions for obtaining scientific and accurate polygraph;the second section is to define the starting condition of the polygraph,which avoid starting the polygraph arbitrarily or abusing by the litigant,to ensure the legitimacy of the voluntary polygraph program;the third section is to make the legal status and validity of polygraph clear,including it's evidence qualification,evidential effect and adoption rules;the fourth section is to discuss how to construct the polygraph interrogation rules,in order to safeguardrights and interests of litigants.