伪证的识别与证言真实性的评估

对于言词证据的真实性问题,传统的方法主要借助证人的外部行为表现或表情来识别.这种方法基于这样一个假设:说谎必然会有相应的生理表现.在侦查实践中存在"人"的识别与"仪器"的识别,即侦查人员的识别与借助专门测谎仪的识别.近年来有学者对这一假设提出了质疑,也有国家对测谎仪测谎的结果宣布无效,于是法庭科学研究者对这一假设进行了新的反思,在研究方法上也出现了新的转向.表现为,从伪证的识别走向证言真实性的评估.

Identification of Perjury and Evaluation of the Authenticity of Testimony

The traditional way to test the authenticity of testimony is through the witness' extrinsic behavior and facial expressions. This method is based on the following hypothesis: a corresponding physical behavior often goes with a lie. There exists the identification by human and by instrument in the practice of investigation , which means the identification is made either by investigators singly or by lie detectors. Recently, some scholars have oppugned this hypothesis, and even some identification made by lie detectors have been declared invalid, which makes some researchers of forensic science reflect on this hypothesis. Therefore, there appears a new turnaround in research methods: the identification of perjury turns into the evaluation of the authenticity of testimony.