| Polygraph technology has certain requirements on testers,subjects,instruments,procedures,etc.At the same time,the polygraph process is human rights infringement on the subject,and the law-ruled countries that allow the use of polygraph technology have adopted strict legal regulations.At present,the standard of polygraph technology in China has not risen to the legal level,but it is widely used in criminal proceedings.The polygraph standard lags significantly behind judicial practice,which is potentially harmful to the accurate application of polygraph conclusions and human rights protection.influences.Therefore,it is necessary to establish legal regulations for polygraph technology.Based on the empirical study of the polygraph conclusions in criminal proceedings in China in recent years,this paper proposes legislative ideas on the basis of foreign experience in technical regulation of polygraphs and the legal background of our country.Specifically,on the legislative path,first of all,through the introduction of judicial interpretation to confirm the evidence ability of the polygraph conclusion,when the time is ripe,the polygraph conclusion is clearly defined as an independent type of evidence in the Criminal Procedure Law;In terms of the requirements,the qualified conditions of the polygraph subject should be strictly defined,the applicable objects and the scope of the polygraph should be clarified,and the degree of technical standardization should be improved;in the procedure,the prosecutor’s right to apply for polygraph under certain conditions should be added and the Remedies for the suspect if he / she is suspicious of the polygraph conclusion;in the review of evidence,strengthen the examination of the polygraph subject,subject,start,procedure,conclusion report,notification,avoidance and other formal requirements,and assisted by testers and experts Attend to explain the situation,accept inquiries and confrontation to strengthen the professional examination of polygraph conclusions.In terms of the exclusion of illegal evidence,different exclusion rules are adopted according to the generation stage,content and nature of the illegal polygraph conclusions. |
