On The Polygraph Contract In Civil Procedure

A fair and rapid settlement of civil disputes is the purpose of civil litigation.The correct identification of the facts of the case is the prerequisite and foundation for the realization of the purpose of the lawsuit.However,in judicial practice,the subjective and objective factors such as the lack of evidence consciousness and ability of the parties,the limited time of evidence and other subjective and objective factors lead to difficulties in proving evidence,which seriously hinder the people's court to correctly identify the facts of the case.The appearance of the lie detection technology and the application in the lawsuit can alleviate the difficulties of the litigant to raise evidence to a certain extent.At the same time,the evidence of lie detection,as a scientific evidence,can also help the people's court to find the truth of the case.At present,in Chinese scholars and judicial practice,there are disputes about how to use and how to apply the lie detection in the lawsuit.Theoretically,lie detection is scientific and reliable,but how to make it standardized and legalized in litigation is the core of our thinking.Lie detection contract refers to the fact that in civil litigation,in order to prove a controversial fact in the case,the parties agree to apply lie detection to the people's court,and agree to get the opinion status of the polygraph opinion to prove the fact of the dispute.The polygraph contract from the practice of judicial practice,but in the judicial practice for both parties agree to the legal behavior of the polygraph,its legitimacy,legal nature,constitution and effectiveness,the applicable rules and so on a series of questions at the same time,the lack of knowledge,theory and the lack of specialized research.The author makes a research on this and puts forward his own views and views.The structure of this paper is divided into five main parts:The first part: a summary of the lie detection contract.This part defines the concept of lie detection contract,expounds the content and characteristics of lie detection contract,and analyzes the causes of lie detection contract from the lie detection technology itself,the parties and the court.The second part: the legality and legal nature of the lie detection contract.This part first demonstrates the legitimacy of lie detection contract from three aspects,namely,the theoretical foundation of lie detection contract,the mandatory provisions of the civilprocedure law which is not touched by the lie detection contract,and the unrestricted judge's mind.Finally,from the basic theory of litigation law and evidence law,we analyze the legal attribute of lie detection contract,and conclude that lie detection contract is a consensual effective action and a lie detection contract is a conclusion of evidence method contract.The third part: the constitutive requirements of the lie detection contract.This part expounds the establishment and the effective elements of the lie detection contract.First of all,from the subject,subjective,content and form of the polygraph contract,the four elements of the lie detection contract are discussed.Finally,based on the theoretical thinking of procedural law and substantive law,it is concluded that contract owners should have three effective elements,namely,litigation capacity,subjective voluntary consent,polygraph and contract approval.The fourth part: the validity of the lie detection contract and the applicable rules.This part analyses the validity and applicable rules of the lie detection contract to the parties and the court.The effect of lie detection contract on the litigants is mainly manifested in that the parties should follow the lie detection contract and perform in good faith.The effectiveness of the court is mainly reflected in the fact that the people's court should guarantee and actively promote the successful implementation of the lie detection.The applicable rules of the lie detection contract include the rules that the parties should bear the liability for breach of contract when they violate the contract,and the rules of the evidence and the force of proof when the court examines and authenticated lie detection opinions.The fifth part: the present situation of the lie detection contract and the legislative and judicial suggestions.In this part,we first introduce the current legislation of our country,which is lack of the stipulations on the lie detection contract.In judicial practice,there is a lack of justice or unreasonable in the punishment of the litigants who violate the polygraph contract,and there is only one party who applies the polygraph court to start lie detection.Finally,the article puts forward some suggestions from two aspects of legislation and judicature,so as to make a better use of the lie detection contract in practice.