A Case Study On The Bribery Case Of Zhang Guoxi

on June 27,2017,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security and the Ministry of Justice jointly released Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases(hereinafter referred to as Provisions),which contributes to the solution of many issues existed in criminal cases in China,especially the abuse-of-power criminal cases,such as filing case,investigative interrogation,synchro video and audio recording and exclusion of illegal evidence.In view of these controversial issues in juridicial practice like detention,exclusion of illegal evidence and synchro video and audio recording,this article proposed several suggestions for improvements through analyzing the related cases.Taking the Zhang Guoxi Case also called the First Illegal Evidence Exclusion Case in China as primary case and the other two related cases as aided case,such as Wang Shihua case and Wang Ping case,this article analyzed the three main disputed issues in Zhang Guoxi Case based on primary facts and court decisions of first instance and second instance.The first disputed issue is whether the pre-trial investigation procedure implemented by censorate is in compliance with the law.The second disputed issue is whether the illegal evidence collected by censorate with extorting confessions by torturing the defendant Zhang Guoxi should be excluded.The third disputed issue is whether the video and audio recording of interrogating Zhang Guoxi is applicable to the illegal evidence exclusion procedure.For the first disputed issue,by clearing the concept of pre-trial filing case and off-site detention,combining with the provisions of the relevant laws on the pre-trial investigation procedure,the author analyzed the act of pre-trial investigation in this case and concluded that the pre-trial investigation procedure of this case is not in compliance with the law.For the second disputed issue,through the analysis of the concept of extoring a confession by torture and refer to other relevant provisions and judicial interpretations about whether the evidence be as a legal basis or excluded,it can be concluded that these verbal evidence obtained by illegal means should be excluded.For the third disputed issue,the author started with the definition of video and audio recording,then analyzed the current situation of recording facilities in China with considering the realities of the court and experienced lessons from other countries,and finally achieved a better understanding of the limitation of the current regulations about video and audio recording.