心理测试结论中有效与无证据资格的冲突

The Conflict between the Validity of the Result of Psychological Test and Its Lack of Qualification as Evidence

在我国民事诉讼和刑侦实践中,或明或暗地存在着心理测试结论的有效与无证据资格的冲突。本文深入研究了该冲突的表现形式,揭示了本质,提出了如下观点:心理测试技术不能被界定为一项新的科学技术;只允许设立少数心理测试机构以鼓励科学探索,测试机构及其人员必须保持严格的中立性和独立性;心理测试技术只能在严格遵循科学道德和司法道德的前提下,试用于刑事侦查中;在民事诉讼(以及行政诉讼及国家机关或企业事业单位考核招聘工作)中等要禁止使用心理测试技术。

In Chinese civil proceedings and criminal investigations, there has always been a conflict, either overt or covert, between the validity of the result of psychological test and the lack of qualification of such test as evidence. This article, based on an in - depth study of the form and essence of this conflict, puts forward the following viewpoints. Firstly, the technology of psychological test should not be defined as a new scientific technology. Secondly, only a small number of institutions of psychological test should be allowed to set up to encourage the scientific exploration on this technology. Such institutions and their staff members must maintain strict neutrality and independence and they may not be set up inside criminal investigation organs. Thirdly, the technology of psychological test can be used in criminal investigation on a trial basis only on condition that scientific and judicial ethics will be strictly abided by. And fourthly, psychological test should be prohibited in civil proceedings （or in administrative proceedings, as well as in the recruitment of employees for state organs or state - owned enterprises）.