测谎结论的证据问题研究

A Study on Evidentiary Issues of Polygraph Examination

近年来,测谎被广泛应用于我国刑事司法领域,并在侦查破案和审判中发挥了不可替代的重要作用。由于测谎目前在理论和实践中均未统一,加之我国对于测谎结论的适用尚无明确的法律规定,已有的司法解释也没有解决实质问题,加深了人们对测谎结论的质疑,即测谎结论的证据资格问题。因此,明晰测谎结论的证据资格和应有的法律地位,是我国刑事诉讼法学理论亟需研究的一个问题。

In recent yearsthe polygraph, also called as lie detection, has been widely used in Chinese criminal judicial practice, and is playing a more and more irreplaceable role in the investigations and the trials. However, opinions on the polygraph, whether theory or practice, are not yet unified. Legal provisions on the application of the polygraph Are not yet clear. Even the existing judicial interpretations do not resolve the practical problems of the polygraph. This in turn leads to doubt about the results of polygraph examinations; that is, people challenge the competency of the polygraph examination as evidence. Therefore, it is important to clarify the evidentiary competency and the legal status of the polygraph examination, which is an ongoing object of research in the Chinese Criminal Procedure Law.