Comparative Study On Rules Of Criminal Evidence Between Mainland And Taiwan

During decades of judicial reform in Taiwan,criminal evidence,as one of the main content of the reform,has yielded significant results.The establishment and transformation of rules on criminal evidence of Taiwan has followed the reform direction from Continental Legal System to adversary system in Anglo-American Legal System.While integrating two law systems into unique and modified adversary system litigation mode,it has also formulated complete criminal evidence system.While Mainland has followed international criminal and judicial concept in decades of development,it has also boosted the process of judicial reform.However,the evidence system,especially the establishment and improvement of rules of criminal evidence fail to receive rapid and substantial development,but little achievement.Based on the interlinked cultural background and similar litigation system,both Mainland and Taiwan that share the same background will be possible to provide reference for each other.In terms of rules of criminal evidence,Taiwan which has complete system compared with Mainland will provide beneficial experience and path for the development and improvement of rules of criminal evidence in Mainland.The comparison on rules of criminal evidence between Mainland and Taiwan focuses on confession rules,evidence exclusionary rules and hearsay rules.In terms of confession rules,the requirement on the voluntary of confession rules in Taiwan tends to more complete while the exclusion of illegal confession rules is more specific with sound regulation on the reinforcement of confession evidence.In terms of evidence exclusionary rules,under the weigh principle of Taiwan,illegal evidence exclusionary scope will provide beneficial experience for Mainland in improving its exclusionary scope.The procedure regulation of illegal evidence before the court investigation can also be referred.The proof of responsibility assignment of the reinforcement of procurator has also provided guidance for Mainland.In terms of hearsay rules,it's almost blank in Mainland.The affirmation of Taiwan to hearsay evidence as well as the concrete of hearsay rules can be regarded as the reference for Mainland to establish its hearsay rules.The problems caused by operating hearsay rules in Taiwan can also be a lesson for Mainland.In the meantime,as the necessary consideration on the establishment of criminal evidence rules system,Mainland should focus on the supplement of background condition of such system.And based on such foundation,it should refer to and improve the confession rules,evidence exclusionary rules and introduce hearsay rules limitedly.In terms of background condition supplement,the Mainland should definite the goal and focus of criminal judicial reform,always carry out the dominant ideas of guarantee of human rights,proactively establish local supporting system,reinforce the role of legal precedent guidance and lay emphasis on the improvement of judicial independence,rationalizing relations of public security,the procuratorate and courts and the realization of balance between accuser and defender.In the improvement of specific rules,based on confession rules,Mainland should pay attention to the realize confession voluntary,definite the evidence standard and burden of proof of illegal confessions and elaborate confession reinforcement rules;based on evidence exclusionary rules,it should elaborate discretion exclusion criteria,establish front evidence exclusionary procedure,reinforce the burden of proof of procuratorial organ;based on hearsay rules,it should gradually establish hearsay rules,proactively establish supporting system,and leave a greater space for the exception of hearsay rules.