Constructing the Exclusionary Rule of Illegal Evidence in China

DOI

10.2991/assehr.k.200205.027How to use a DOI?

Keywords

illegal evidence exclusion, torture, rule amending

Abstract

In recent years, extorting confessions by torture or other illegal acts of non-compliance with judicial proceedings have led to the frequent occurrence of miscarriage of justice, and the public and law scholars have gradually turned their attention on the rule of exclusion of illegal evidence. Many countries in the world have legally regulated the exclusionary rules of illegal evidence. The United States is the first country to establish illegal rules of exclusion of the rules, after a long period of development and improvement, and it has now been more well establish. Under the Common Law System like Britain and Civil Law System like Japan and German, have also established rules for the exclusion of illegal evidence with their own characteristics. By contrast, our laws and related provisions in the exclusion of illegal evidence are far from perfect. The introduction of “The provisions on the handling of criminal cases to exclude illegal evidence of a number of issues” and “on the death penalty cases to determine the provisions of a number of evidence to determine the evidence” has a historic significance, it also means that China has established a system of illegal evidence to exclude the rules. Besides, “Supreme People’s Court on the comprehensive promotion of the trial as the center of the criminal action system reform and implementation of the views” issue in the new situation of judicial reform proposed suggestion for the practical activities of the judicial personnel. Through the study of the relevant documents, the author finds out the imperfect part of the rule of exclusion of illegal evidence in China, and puts forward relevant reform proposals to make contributions to the future legislative activities.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yue Zhao
PY  - 2020
DA  - 2020/02/13
TI  - Constructing the Exclusionary Rule of Illegal Evidence in China
BT  - Proceedings of the Third International Conference on Social Science, Public Health and Education (SSPHE 2019)
PB  - Atlantis Press
SP  - 122
EP  - 128
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200205.027
DO  - 10.2991/assehr.k.200205.027
ID  - Zhao2020
ER  -