Comments on legal framework for evidence taking in China

Abstract

With the revelation of more and more wrongful convictions, Chinese authorities have responded to criminal injustices by means of new justice reforms in the recent decade. The public and media at home or abroad are curious about the core of justice reforms in China like the rule of evidence taking or exclusion. Clearly, Chinese evidence rules used in handling criminal cases including capital cases cannot meet the minimum standard of human rights or criminal justice in many aspects, particularly in the context of international standards concerned. Chinese authorities are still exploring into whether or not its rule conforms to international human rights rules, and if not, how to change it for better justice and human rights protection in criminal cases. This paper will start from a general description of legal framework and its context on the books. Next, it will proceed with the development and reforms of Chinese rules on evidence exclusion. Further, it will examine the Impact of Exclusionary Rules on the actors within criminal proceedings. Also, both the justification of exclusionary rules in paper law and their limitations will be analysed and commented as well. Particularly, it will specify the mandatory or discretionary feature of exclusionary rules and clarify the flaw of no acknowledgment of the “fruit of the poisonous tree” doctrine. Finally, it will suggest substantive reform proposals from the perspective of the significance and impact of international human rights law in the Chinese context.