Main Characteristics of China's Exclusionary Rule
- Author Feng Xuze
- Co-Author Wang Chao
- DOI https://ww
- Country : China
- Subject :
Keywords : the exclusionary rule; revised Criminal Procedure Law; Chinese characteristics.
Abstract
Against the backdrop of the frequent occurrence of confessions extracted by torture, China has carried out a reform of the exclusionary rule on the basis of summarizing the lessons learned from judicial practice, drawing on the successful experience of the West. In particular, the Criminal Procedure Law, which was successively amended by the National People's Congress in 2012 and 2018, has made more explicit provisions on the rules for excluding illegally obtained evidence at the legislative level. With the deepening of the criminal justice reform, the Supreme People's Court and the Supreme People's Procuratorate, in response to the various problems of the exclusionary rule in judicial practice, have made more comprehensive and systematic provisions on the exclusionary rule through new judicial interpretations. Although China has systematically stipulated the exclusionary rule on the basis of the theory and practice of the exclusionary rule of western countries, based on China's special national conditions, China has not copied the exclusionary rule of western countries. Compared with the exclusionary rule of Western countries, China's exclusionary rule is unique in many aspects, such as exclusionary time, exclusionary subjects, exclusionary results, exclusionary scopes, exclusionary methods, exclusionary procedure and so on.
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