测谎结论的证据资格及其规范

现行三大诉讼法均未明确规定将测谎结论作为证据种类单列,诉讼法学界对此也存有争议。首先通过对否定测谎结论作为证据的观点进行反证分析后认为:测谎结论具有证据的客观真实性和关联性,可作为诉讼证据使用;再将测谎结论与司法精神病鉴定进行对比分析后认为,测谎结论可归于证据种类中鉴定意见一类。最后,建议对测谎技术作如下规范:一是制定行业标准,严格规范测谎员的资格认证;二是加强对测谎鉴定机构的监管。

Polygraph Evidence of Qualifications and Specifications

None of the three existing Procedure Laws clearly make polygraph conclusion as the types of evidence which is listed separately;the academic circle of Procedure Law was also controversial about this.Firstly,Conducting a disproof analysis on the viewpoints making polygraph conclusion as evidence,we think that polygraph conclusions,possessing the properties of evidence which is real objective and associated,can be used as litigation evidence.Further by making a comparative analysis between judicial psychiatric appraisal and polygraph conclusion,it is thought that polygraph conclu-sion can be classified as the category of appraisal opinion.Finally,it is recommended to make the following specifications for polygraph technique：First,setting industry standards,strictly regulating the qualification certification for polygraph examiners;Secondly,strengthening the supervision of polygraph accreditation bodies.