A Study On The Application Of Polygraph Conclusions In Civil Litigation

On August 14,2020,the Supreme People 's Court issued the Provisions on Several Issues Concerning the Examination of Entrusted Appraisal in People' s Courts,according to which the court no longer entrusted appraisal in civil proceedings.This means that the polygraph test conclusion is not an appraisal opinion,difficult to be identified as statutory evidence,and can only play a reference to the factual determination of the case.Digraph testing has a highly scientific theoretical foundation,is a reliable scientific and technology,the legal value in civil practice cannot be ignored.However,due to the limitations of the technology,the accuracy of the polygraph test has a certain deviation,resulting in its reliability is questioned.In addition,the penitentiary qualification of the polygraph conclusion has not been confirmed due to the random initiation of the lie lie test in practice and the blind trust of the polygraph technology.The rule excludes polygraph testing from the court commissioned appraisal and gives it access to the court,but there is no clear provision on the nature or identity of the polygraph conclusion in the court,or to the extent to which the reference is made.So much so that the legal situation of polygraph testing technology in civil litigation is more awkward.Moreover,this implicit regulation puts the application of polygraph techniques in civil cases into an embarrassing situation.On the one hand,the judge will refuse the application of the polygraph conclusion by the rule,resulting in no reference.On the other hand,the court no longer entrust appraisal,and the parties can independently choose the subject,methods and procedures,which cannot guarantee the reliability of lie detection conclusions,which is more conducive to the legal regulation of lie lie testing technology.Therefore,it is necessary to make clear refinement and standardize the application of polygraph conclusions in civil litigation,so as to ensure that the science and technology really plays a role in assisting the trial.The paper is divided into four chapters,with the following structure and content:Chapter one,on an overview of polygraph testing,defines the concept of polygraph testing conclusions,demonstrates the scientific nature of polygraph testing technology and the reliability of polygraph testing conclusions,and affirms the legal value of polygraph testing conclusions in civil litigation.Chapter two,starting with the legislative status,judicial application of polygraph testing conclusions in Chinese civil litigation and the dispute over the nature of the evidence in Chinese academic circles,it analyzes the reasons why polygraph testing is no longer entrusted in the judicial interpretation,and leads to the embarrassing legal situation of polygraph testing conclusions in China.Chapter three,explores the feasible path of applying the polygraph conclusion in civil litigation.By analyzing the solution path of specialized problems in Chinese civil litigation,lie detection is apply as a technical means to solve the professional problems.The lie graph and expert helper system from function and role positioning.Chapter four,the system conceived the application of polygraph conclusions in China's civil litigation,tries to clarify the application standards of polygraph technology in civil litigation,improve the judgment rules of polygraph conclusion review and clarify the legal rights and legal obligations of polygraph subjects.