The Status And Suggestions Of Exclusionary Rule For Illegally Obtained Evidence In Criminal Procedures In China

The appearance of exclusionary rule for illegally obtained evidence owes to the further development of legal society and the growing appeal for human rights protection. Currently, the rule has been widely used in the world for its pivotal role in safeguarding judicial justice. In 2010, through the promulgation of Provisions about the Exclusionary rule of Illegal Obtained Evidence and Provisions about Manipulating Evidences in Capital Cases, China introduced the exclusionary rule of illegal evidence in criminal procedures and in 2012, the rule was preserved in the amended Criminal Procedure Law. So far, the rule has been in practice for more than five years, during which, there appears a great separation between legislation and judicature. This paper not only affirms the significance of the rule in construction of legal society, but also points out the defects in the aspects of evidence identification, burden of proof and legal processes according to the status quo in our country. In addition, this paper will put forward proposals to these defects after analyzing foreign legislative and judicial experiences, for the purpose of making some contributions to improving evidence rule and safeguarding judicial justice.