Research On Evidence Capacity Of Polygraph Test Opinions

With the continuous advancement of science,the use of science and technology in litigation activities has gradually increased.Emerging scientific and technological methods have a great impact on traditional litigation and evidence systems.Legal researchers and legislators need to discuss the legal character and capacity of evidence.Polygraph test opinions are one of the more representative scientific evidences,what research its legal status and evidence capacity offers important lessons for other scientific evidence.In the 19th century,experts in the field of criminology invented the polygraph with the development of psychology and applied it in the investigation.Nowadays,polygraph technology and its opinions have been widely used in judicial practice in our country,and the polygraph opinions has gradually entered the center of controversy from a corner.As its legal status has not been clearly defined and legal norms of the technology are in a blank state,the development of polygraph technology lacks legal guidance and is very confusing in practice.Du Peiwu's case undoubtedly made application of its opinions more difficult in criminal proceedings,leading to the fact:that some people are very cautious,even negative for application.Therefore,the author analyzes and discusses the reliability theory and practice to prove the capacity of the polygraph opinions,and to analyze and discuss the legal norms.The purpose of this study is to help people correctly understand the evidence capacity of polygraph test opinions through discussion of its evidence ability and legal norms,to change prejudice against polygraph test,and establish a complete legal norm system t,which help polygraph test opinions play a greater evidence value in litigation activities.This thesis is divided into four chapters:it is elaborated from four aspects:the development of polygraph testing technology,the domestic and international status of polygraph test opinions evidence ability,the analysis of evidence ability,and the standardized suggestions to improve its evidence ability.The first part introduces the basic concepts of polygraph and the development process and development status of its technology and methods.It summarizes the problems in the process of development,and standardizes the management and apply the polygraph test opinions.The second part is a comparison about the domestic and foreign opinions on whether the polygraph opinions has evidence capacity.Although there is no unified opinions,most countries have recognized the value of evidence in litigation,which is of reference significance for that evidence capacity of polygraph opinions will be gradually recognized in China.And the author summarizes the legal significance of the polygraph opinions,and discusses its role in proving verbal evidence and reducing illegal activities of confession by torture in terms of entities and procedures.The third part mainly analyzes that polygraph opinions from the three attributes of the evidence capacity:objectivity,relevance and legitimacy,can prove the relevant facts of the case,and confirmed that it has the capacity of evidence.In addition,it demonstrates the evidence ability and value of the polygraph opinions from the perspective of the negative elements of the evidence ability and the development of scientific evidenceThe fourth part discusses how to use legal norms to guide and regulate the healthy development of polygraph technology combined with the theoretic and practical problems in China and the experience of foreign legal norms,to ensure its evidence ability and make it play a more important role in evidence.The significance of this thesis is that the polygraph test opinions reflect the current research on scientific evidence and the problem of backward regulation in the legal field of our country.I hope that we can provide the same for others through the discussion of the polygraph test opinion evidence capacity and the legislative norms.This thesis is able to improve the embarrassing situation of scientific evidence,promote the use of scientific evidence,prepare for the legislative issue,and standardize the procedures of scientific evidence in the field of law.The innovation of this article is to analyze whether the polygraph test opinions violates basic human rights and whether it is a "confession by spiritual torture",and clears the way of the polygraph test opinions on ethic;At the same time,it also proposed ways and methods to regulate the polygraph test opinions to ensure its evidence ability combined with problems and foreign management experience.