Research On Litigious Certification Value Of Imperceptible Information

Imperceptible Information is first referred to in Provisions on Issues Concerningthe Examination and Assessment of Evidence in Death Penalty Cases and plays a veryimportant role in judicial practice. However, academic researches upon ImperceptibleInformation are very limited which leads to two consequences that judicial authoritiespay little attention on it and sometimes the application is mislead. This Article isaimed to direct an investigation on litigious certification value of ImperceptibleInformation, draw on the lessons of the Ofshe-Leo Test which is to use the PersonalKnowledge to assess the reliability of confessions and then to put forward a way toassess the reliability of confessions by using Imperceptible Information in China.The first part of this Article introduces the principle of affidavit as corroboratingevidence and focuses on its evolvement of using the Personal Knowledge to assess thereliability of confessions in theUnitedStates. Putting Personal Knowledge intoChinese language environment and taking considering of the provisions uponimperceptible evidence, this Article chooses Imperceptible Information as the theme.The second part of this Article discusses the necessity to make use ofImperceptible Information in China. Present the verification mode in the criminalprocedure and its deficiency, and discuss the necessity to make use of ImperceptibleInformation to assess the reliability of confessions from the aspect of detailinformation. The third part of this Article discusses the significance to make use ofImperceptible Information from the point of practical and litigation value.The fourth part of this Article describes how to make use of ImperceptibleInformation to assess the reliability of confessions. First define ImperceptibleInformation, and discuss how to assess reliable confessions and unreliable confessionsrespectively, then focus on how to distinguish false confession by inducement, at lastmake an effort to build a judicial review mechanism to assess the reliability ofconfessions.