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The Psychology Test As Evidence In Civil Procedures Feasibility

Posted on:2006-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:N Q LiuFull Text:PDF
GTID:2206360182977036Subject:Law
Abstract/Summary:PDF Full Text Request
Psychological tests, also called lie-detection. The technique of the psychological tests is based on the retums of Psycholigy, Physiology, Electronics. The whole thrust of the psychological tests is "the coincidence relation between the mental stimulate and the physiological reaction",in other words, once a human mental being stimulated, corresponding physiological reaction will appear. These physiological reaction include the varity of rhythm of heart, pulse, breathing rate, skin electric resistance .People could not control these physiological reaction.There is quantitative relation between the mental stimulate and the physiological reaction, the stronger stimulate, the distincteer reaction. While testing, the Conner will design many question and ask the party, stimulate the party in orde to producing physiological reaction, record the data of physiological reaction by psychological test instilment. Then analyse the variety of these data to conclude the facticity of the parties statements.Modern psychological tests was originated from the west, psychological tests have a long history of development, which is about one hundred years. The advance rapidly of technology is hastening the advance of psychological tests, The reliability of psychological tests is ensured. Now there are more than sixty countries have applied psychological tests technique into many fields on different levels. As shown in some concerned researches, the veracity of psychological tests now has reached approximately 98%. Psychological tests is allowed to offer evidence in Rumania. In America, judicial office of 35 states use psychological tests as adminicular evidence.The code of civil law in our country has not prescribed the efficacy of the psychological tests, and the jurisconsults have many arguments about the status of the psychological tests. Judges in China, however, has tried applying the psychological test in the difficult judicial practice in the civil actions, and the results of the psychological test benefits to the justice. The technique of the psychological test is scientific and the veracity of psychological is reliable. Therefore it is helpful for the judge to make the fact of the case clearly. The systemof proof ought to be an exoteric system, ueing psychological test, people can bear out the reality of the case, it ia accord with the procedure law. The scope of application of the psychological test will be described according to its traits. Nowadays, the technique of the psychological test is not mature, and the criterion of the occupation and the making of the person who applies the psychological test should be improved. All these negative factor can be ameliorated by strengthening the industrial management and establishing standard specification. How to start the test program? One principle must to be insisted that the judge's deciding in step with the voluntary of the parties. One of the important things is that we should make sure about the status of the results of the psychological test in the civil case.
Keywords/Search Tags:psychological tests, civil action, evidence
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