A Study On The Legal Status Of The Conclusion Of Criminal Psychological Test In China

Psychological testing technology(commonly known as "lie detection" technology)is widely used in the field of criminal and civil litigation.Psychological testing technology applied in the field of criminal litigation is generally called criminal psychological testing technology.As a criminal technology,criminal psychological testing technology plays an important and unique role in the investigation and trial of difficult criminal cases.However,in our country,there are great theoretical disputes and different practices on the legal status of criminal psychological test conclusions.In theory,domestic experts dispute its scientificity,accuracy and the principle of "no compulsory self-incrimination".In practice,some are accepted as evidence,but others believe that it has no evidential effect.At present,the conclusion of criminal psychological test in our country is increasingly accepted by the theory of criminal procedure law and judicial practice.After demonstration and analysis,the conclusion of criminal psychological test has three characteristics of evidence,namely,objectivity,relevance and legitimacy of evidence.Therefore,the conclusion of criminal psychological test should have the legal status of evidence.In order to realize the evidentialization of the conclusion of criminal psychological test,we should first solve the basic problems in the field of criminal psychological test technology,and then clarify the positioning in the investigation and trial of cases.Finally,we suggest introducing the "rule of reinforcing evidence" to limit its evidentiary power.