Research On The Legitimacy And Evidential Process Of Lie-detecting Conclusion

With the continuous development of science and technology,the methods of science and technology have penetrated into every stage of litigation proceedings.Modern judicature has entered the era of scientific evidence.However,whether and how to use new technological methods produced by the development of scientific and technological innovation normatively in litigation has been an unavoidable problem for legal workers.The traditional techniques such as DNA identification,fingerprint identification and physical trace verification have been accepted by law and society and become one of the categories of legal evidence.Nevertheless,people still take a wait-and-see attitude towards new technology,such as the lie-detecting technique.There is no clear provision in the law that defines whether the conclusions obtained by the lie-detecting technique can be used in litigation,but in judicial practice,the lie-detecting technique and its conclusions have long been on the frontier of the Times,playing an irreplaceable role in the detection and trial activities.Technology going ahead of the legislation and how to transform the conclusions of the lie-detecting technique to evidence reasonably,legitimately and justly becomes the urgent demand of judicial practice.The first chapter analyzes the concept of lie detection,the nature of the lie-detecting technology,the limitation of the lie detection and the functional benefit of the lie detection,and then hackles the value of the lie-detecting technology and its conclusions to play a guiding role.The second chapter makes a systematic analysis of the justifiable source of conclusions of the lie detection.From the scientific and accuracy of its technical methods,it affirms the scientific basis of its conclusion,makes a detailed comparison of the characteristics of the lie detection and the fundamental rights intervention,affirms the legitimacy of its behavior,provides the premise for the legitimacy of its conclusion,and affirms the qualification of the evidence from the legitimacy of lie-detecting conclusions to meet the objective needs of judicial practice.The third chapter analyzes the evidential inevitability of the lie-detecting conclusion in our country.From the present situation of the application of the lie-detecting conclusions in our country,we can fully study and analyze the differences in the attitude of the theorists,and provide the theoretical support for the evidence of the lie detection from four aspects: law,science,ethics and jurisprudence.The fourth chapter puts forward the theoretical conception of the mechanism construction and stratified use of the conclusions of lie detection in our country and makes a reasonable prospect for the legal pattern of promoting the lie-detecting conclusions in our country,and offers the proposal of the construction of the lie detection system.The purpose of this paper is to discuss the legitimacy of the lie-detecting conclusions,the evidence attribute and the construction of the legal system from the scientific nature of the lie-detecting conclusion,to standardize the rational use of the conclusions of the lie detection,to protect the legitimate rights and interests of the people to be measured,and to provide a reasonable conception for the true acquisition of the qualification of the lie-detecting conclusions.Lie-detecting conclusions can really exist in the evidence system of procedural law when getting the qualification of evidence...