The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts

Zhenyi Xu

doi:10.47297/wspjclrWSP2516-249701.20220601

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The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts

Volume 6, Issue 1

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The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts
The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts
Law School of Washington University in St. Louis, St. Louis 63130
Vol. 6, Issue 1, Pages: 3-12(2022)
Published： 30 June 2022 ，
DOI：10.47297/wspjclrWSP2516-249701.20220601
Accepted：

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Xu Zhenyi.The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts[J].Critical Theory,2022,06(01):3-12.
DOI：

Xu Zhenyi.The Procedural Dilemmas and Improvement of Excluding Illegal Evidence in Chinese Courts[J].Critical Theory,2022,06(01):3-12. DOI： 10.47297/wspjclrWSP2516-249701.20220601.

摘要

Abstract

From a comparative law perspective

the main reasons why courts difficultly exclude illegally obtained evidence in China are that we do not really establish the ideal of admissibility prior to probative force

the relationship between judges and illegally obtained evidence has not yet been wholly cut off

and judges have abused their discretionary power in the operational procedure for the exclusionary rule. Therefore

China shall strengthen the function of pretrial conference program enhancements

distinguish between pretrial judges and trial judges

and reinforce procedural constraints from the defense party in the exclusionary rule.

关键词

Keywords

Exclusion processA comparative law perspective

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