论我国刑事诉讼中被追诉人的测谎权

Study on the Polygraph Right of the Prosecuted in Chinese Criminal Litigation

山木集团前总裁宋山木强奸案向我们提出了被追诉人有无权利要求测谎的问题。只要在刑事诉讼中允许使用测谎技术,无论是允许其作为证据使用还是仅仅将其作为审查判断证据的手段,被追诉人单方面向法院申请测谎,实质上均是一种试图向法院澄清事实真相的诉讼证明行为。被追诉人的测谎权是一种相对权,而非绝对权。鉴于我国目前的现实情况,测谎只能作为审查判断言词证据的方法,尚不能作为独立的证据适用,因此法院是否批准被追诉人的测谎申请,应以有测谎之必要为前提。

The Song Shanmu rape case raises a question whether the prosecuted has the polygraph right or not..As long as the polygraph technology is allowed to be used in criminal procedure, whether as evidence or merely as a means to examine and judge the evidence, the behavior of the prosecuted applying for a polygraph test is, in essence, a kind of the procedural proof conduct that tries to clarify the facts to the court. The polygraph right of the prosecuted is a relative right rather than an absolute right. Under the Chinese current situation, the polygraph technology is only used as a means to examine and judge the oral evidence and the result of the poly- graph test has not yet been taken as independent evidence. Therefore, whether or not the court approves the ap- plication made by the prosecuted for a polygraph test should have the necessary premise of the polygraph test.