On Judicial Remedis To The Suppression Of Illeagel Evidence

Full means of exclusionary rules contain two parts, substantive rulesand their implementation procedures, the later also called procedural rules.The substantive rules are those rules which have been used during asuppression hearing to evaluate the behavior of investigators and excludethe evidence obtained by them. The procedural rules, as the name suggests,are concrete procedures on the handling of evidence allegedly obtainedthrough illegal means. However, here always exits the situation that thedefendant or the prosecutor refuses to accept the ruling of the hearing court,at which moment a new judicial remedy is in need. The new remedy is areviewing process often conducted by an appellate court, and therefore, itcan be called “a remedy to a remedy”.There are four chapters in this paper:Chapter Ⅰ is an introduction, in which the author discuses some basicconcepts, including judicial remedies to the suppression of illegal evidence,criminal appeal procedure, procedural appeal, etc.. Based on the analysisabove, the author defines the object of this paper and the scope of the study.Chapter Ⅱ examines the remedy process in some countries, such as theU.S., the U.K., Germany, and France, by means of comparative studies andliterature analysis. Based on the examination above, the author finallydraws some conclusions. Chapter Ⅲ is an empirical analysis on China’s realities. In this chapter,the author explores the remedy mechanism in China’s Criminal ProcedureLaw and the new Evidence Exclusion Rules jointly issued by fivegovernment bodies on2010, analyzes three typical cases which have beenexamined by China’s courts in past few years, and summarizes the mainproblems existing in China.Chapter Ⅳ，the most important part of the paper, is about theestablishment of the judicial remedies in China. In this chapter, the authorpresents a packet of suggestions on how to establish the judicial remediesin China and how to ensure their practice in China’s judicial reality,including:The Supreme People’s Court should play a leading role inimplementing the exclusionary rules;Enhancing remedy functions of the second instance court onprocedural issues, and establishing procedural appeal proceedings;Introducing the interlocutory appeal into China’s criminalprocedure;Reforming the procedure for review of death sentences;Establishing a systematical remedy procedure, including the processof filing an appeal, reviewing, ruling, etc..