Research On The Value And Risk Of Concealed Information In Confession Review

concealed information is usually known only to the person who committed the crime,and is difficult for others to know or guess.Both theoretical and practical circles attach great importance to the examination value of the authenticity and reliability of concealed information,and legislation has raised this practical experience to the level of standardization.However,as the unjust,false and false cases discovered at home and abroad in recent years have shown,the confession of a large number of innocent people also contains details that only the real offender can know.It is obvious that the confession of these innocent people is reinforced by the false information,but the theoretical and practical circles do not fully understand and pay enough attention to this point.That is to say,on the one hand,concealed information has great value in oral examination;On the other hand,it may also exist false bolstering of the oral risk.Therefore,in order to reduce the risk of false information to strengthen the oral confession,to play its oral examination value,first of all,to systematically analyze the oral examination value of concealed information;Secondly,we should pay more attention to the risk of false reinforcement of concealed information,analyze the causes of false reinforcement risk,and put forward corresponding countermeasures.This paper mainly includes five parts:The first part briefly discusses the concealed information.Firstly,the connotation of concealed information is explained from the content and form;Secondly,it analyzes the characteristics of concealed information from three aspects: detail,uniqueness and difficulty for outsiders to know or guess.Finally,from different angles,the concealed information is divided into independent concealed information and collective concealed information,exclusive concealed information and non-exclusive concealed information.In the second part,the value of oral testimony in criminal justice certification is taken as the entry point to discuss the oral examination value of concealed information.Firstly,this paper points out the necessity of using concealed information in litigation,and then discusses the truth-checking effect of concealed information on the authenticity of oral confession and the prevention effect of false confession that may lead to wrongful convictions from the perspective of the relationship between evidence and evidence,the application of different stages of litigation,and the value of dealing with the issue of revocation of confession.The third part analyzes and evaluates the concealed information from the perspective of legislation and practice.On the one hand,on the basis of cases in which concealed information is collected and used in the network of judgment documents,the paper analyzes the oral examination value of concealed information in different cases.On the other hand,to list some cases in which the confession of innocent people in recent years contains concealed information in the unjust,false and erroneous cases discovered at home and abroad shows that the risk of strengthening the confession with false concealed information is realistic.The fourth part explains the concealed information false reinforcement risk and its causes and ways.This paper believes that the direct cause of this risk is the contamination of oral confession,which is caused by improper investigation and interrogation methods,while other factors,such as the influence of verification bias and overconfidence in one’s lie detection ability,further aggravate the difficulty of finding false reinforcement.In the fifth part,based on the causes of false reinforcement of concealed information,the author puts forward the path to reduce the risk of false reinforcement of concealed information.It is on the source,draw lessons from the American and British investigative conversation program of non-confrontational interrogation methods to explore the beneficial experience,investigation of interrogation methods in China are put forward in the direction of reform for the future is to build an open investigation interrogation pattern,in order to fundamentally improve the effectiveness of the investigation organ for the information,realize the concealment of the stem from the source information false reinforcing risk.Second,in the follow-up examination,the author advocates to use "personal knowledge" to evaluate the reliability of confession from the United States and a set of "law of attention on the credibility of confession" summarized in the judicial practice of Japan to examine the reliability of oral confession,so as to establish the standard of examining the reliability of oral confession with concealed information in China.Third,in terms of safeguard measures,the sound recording and video recording system should be improved to make it possible to visually restore the interrogation process,supervise the interrogation behavior and review the reliability of oral testimony.