The Exclusionary Rule Of Illegal Evidence In China

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The Exclusionary Rule of Illegal Evidence in China

Jingkun Liu
The Exclusionary Rule of Illegal Evidence in China Book PDF

Author : Jingkun Liu
Publisher : Springer
Page : 335 pages
File Size : 41,6 Mb
Release : 2019-02-18
Category : Law
ISBN : 9789811337567

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The Exclusionary Rule of Illegal Evidence in China by Jingkun Liu Pdf

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People’s Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

The Exclusionary Rule of Evidence

Kuo-hsing Hsieh
The Exclusionary Rule of Evidence Book PDF

Author : Kuo-hsing Hsieh
Publisher : Routledge
Page : 263 pages
File Size : 53,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317032441

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The Exclusionary Rule of Evidence by Kuo-hsing Hsieh Pdf

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

The Exclusionary Rule of Evidence

Kuo-hsing Hsieh
The Exclusionary Rule of Evidence Book PDF

Author : Kuo-hsing Hsieh
Publisher : Routledge
Page : 288 pages
File Size : 53,5 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317032434

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The Exclusionary Rule of Evidence by Kuo-hsing Hsieh Pdf

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

Do Exclusionary Rules Ensure a Fair Trial?

Sabine Gless,Thomas Richter
Do Exclusionary Rules Ensure a Fair Trial Book PDF

Author : Sabine Gless,Thomas Richter
Publisher : Springer
Page : 387 pages
File Size : 46,8 Mb
Release : 2019-04-17
Category : Law
ISBN : 9783030125202

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Do Exclusionary Rules Ensure a Fair Trial? by Sabine Gless,Thomas Richter Pdf

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Back from the Dead

He Jiahong
Back from the Dead Book PDF

Author : He Jiahong
Publisher : University of Hawaii Press
Page : 265 pages
File Size : 55,8 Mb
Release : 2016-03-31
Category : History
ISBN : 9780824856656

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Back from the Dead by He Jiahong Pdf

China's party-run courts have one of the highest conviction rates in the world, with forced confessions remaining a central feature. Despite recent prohibitions on evidence obtained through coercion or torture, forced confessions continue to undermine the Chinese judicial system. Recounting some harrowing cases of wrongful conviction, acclaimed legal scholar and novelist He Jiahong analyzes many problems in China's justice system. In one such case, Teng Xingshan was convicted in 1988 and later executed for murdering his mistress, but almost six years later it was discovered that the supposed victim, Shi Xiaorong, was still alive. In 2005, Teng's children submitted a complaint to the Hunan High People's Court, which then issued a revised judgment. In another case, She Xianglin was convicted of murdering his wife in 1994 and was sentenced to death, but this sentence was later commuted to fifteen years' imprisonment. In 2005, She's wife, presumed dead for over eleven years, "returned to life"; She was released from prison two weeks later, retried and found not guilty. With riveting examples, the author surveys the organization and procedure of criminal investigation, the lawyering system for criminal defense, the public prosecution system, trial proceedings, as well as criminal punishments and appeals. In doing so, He highlights the frequent causes of wrongful convictions: investigators working from forced confessions to evidence; improperly tight deadlines for solving criminal cases; prejudicial collection of evidence; misinterpretation of scientific evidence; continued use of torture to extract confessions; bowing to public opinion; nominal checks among the police, prosecutors and the courts; the dysfunction of courtroom trials; unlawfully extended custody with tunnel vision; and reduced sentencing in cases of doubt. The author also provides updated information about recent changes and reforms as well as the many continuing challenges of the criminal justice system in China.

Principles of Chinese Criminal Procedure

Liling Yue
Principles of Chinese Criminal Procedure Book PDF

Author : Liling Yue
Publisher : Bloomsbury Publishing
Page : 268 pages
File Size : 54,7 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509934928

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Principles of Chinese Criminal Procedure by Liling Yue Pdf

This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

Models of Criminal Procedure System

Ruihua Chen
Models of Criminal Procedure System Book PDF

Author : Ruihua Chen
Publisher : Springer Nature
Page : 335 pages
File Size : 41,5 Mb
Release : 2022-10-01
Category : Law
ISBN : 9789811936517

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Models of Criminal Procedure System by Ruihua Chen Pdf

This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

The Construction of Guilt in China

Yu Mou
The Construction of Guilt in China Book PDF

Author : Yu Mou
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 44,6 Mb
Release : 2020-04-02
Category : History
ISBN : 9781509913039

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The Construction of Guilt in China by Yu Mou Pdf

Drawing on insights from the author's own empirical data obtained from systematic observation of the daily routines within Chinese criminal justice institutions, this ground-breaking book examines the functional deficiency of the criminal justice system in preventing innocent individuals from being wrongly accused and convicted. Set within a broad socio-legal context, it outlines the strategic interrelationships between key legal actors, the deep-seated legal culture embedded in practice, the deficiency of integrity of the system and the structural injustices that follow. The author traces criminal case files in the criminal process – how they are constructed, scrutinised and used to dispose of cases and convict defendants in lieu of witnesses' oral testimony. This book illustrates that the Chinese criminal justice system as a state apparatus of social control has been framed through performance indicators, bureaucratic management and the central value of collectivism in such a way as to maintain the stability of the authoritarian power. The Construction of Guilt in China will appeal to academics, researchers, policy advisers and practitioners working in the areas of criminal law, comparative criminal justice, criminology and Chinese studies. Winner of the 2020 SLS Peter Birks Prize for Outstanding Legal Scholarship.

Reform and Development of Powers and Functions of China's Criminal Proceedings

Weidong Chen
Reform and Development of Powers and Functions of China s Criminal Proceedings Book PDF

Author : Weidong Chen
Publisher : Springer Nature
Page : 551 pages
File Size : 49,8 Mb
Release : 2020-10-15
Category : Law
ISBN : 9789811584312

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Reform and Development of Powers and Functions of China's Criminal Proceedings by Weidong Chen Pdf

This book addresses the basic theory of criminal procedure in China, together with recent reforms. Balancing the powers of public security and judicial organs with the rights of individual citizens, it assesses the nature of Chinese criminal proceedings. In the basic theoretical research section, the author, drawing on the latest findings from the legal community, systematically and comprehensively presents the current trends, main research topics and the main problems that should be explored in future research into criminal procedure law in China; further, the author explains the basic thinking behind the revision of criminal procedure law, and the allocation of judicial resources in criminal procedure and criminal justice. The policy, basic theory and operation problems of judicial power, procuratorial power, police power, defense power and judicial reform are subsequently explained and evaluated. The general writing style used is intentionally straightforward, making the book easily accessible for the readers. Based on the author’s substantial working experience in the area of criminal law, it offers a highly intuitive reading experience.

Chinese Legal Reform and the Global Legal Order

Yun Zhao,Michael Ng
Chinese Legal Reform and the Global Legal Order Book PDF

Author : Yun Zhao,Michael Ng
Publisher : Cambridge University Press
Page : 327 pages
File Size : 41,7 Mb
Release : 2018
Category : Law
ISBN : 9781107182004

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Chinese Legal Reform and the Global Legal Order by Yun Zhao,Michael Ng Pdf

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.

Principles of Chinese Criminal Procedure

Liling Yue
Principles of Chinese Criminal Procedure Book PDF

Author : Liling Yue
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 42,9 Mb
Release : 2021-10-07
Category : Law
ISBN : 9781509934935

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Principles of Chinese Criminal Procedure by Liling Yue Pdf

This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.

Comparative Perspectives on Criminal Justice in China

Michael McConville
Comparative Perspectives on Criminal Justice in China Book PDF

Author : Michael McConville
Publisher : Edward Elgar Publishing
Page : 614 pages
File Size : 47,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781955864

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Comparative Perspectives on Criminal Justice in China by Michael McConville Pdf

'Comparative Perspectives on Criminal Justice in China is highly recommended. The editors have assembled the leading Western and Chinese scholars in the field to examine the administration of criminal justice in China, showing both how far the system has come and the challenges that lie ahead. This is an important and timely book. It is essential reading for anyone who wants to understand or has to deal with the Chinese criminal justice system.' Klaus Mühlhahn, Freie Universität Berlin, Germany 'This highly informative and engaging volume on the Chinese criminal justice system today provides a window into the vagaries of law and its operation in the People's Republic. McConville and Pils bring together an impressive array of scholars whose studies span the criminal process. From initial police investigation, through to prosecution and sentencing of defendants, we see how dominant values in the Chinese state and its structures of power make the practice of criminal justice today still intensely political.' Susan Trevaskes, Griffith University, Australia Comparative Perspectives on Criminal Justice in China is an anthology of chapters on the contemporary criminal justice system in mainland China, bringing together the work of recognised scholars from China and around the world. The book addresses issues at various stages of the criminal justice process (investigation and prosecution of crime and criminal trial) as well as problems pertaining to criminal defence and to parallel systems of punishment. All of the contributions discuss the criminal justice system in the context of China's legal reforms. Several of the contributions urge the conclusion that the criminal process and related processes remain marred by overwhelming powers of the police and Party-State, and a chapter discussing China's 2012 revision of its Criminal Procedure Law argues that the revision is unlikely to bring significant improvement. This diverse comparative study will appeal to academics in Chinese law, society and politics, members of the human rights NGO and diplomatic communities as well as legal professionals interested in China.

Interpreting China's Legal System

Lin Li
Interpreting China s Legal System Book PDF

Author : Lin Li
Publisher : World Scientific
Page : 547 pages
File Size : 42,6 Mb
Release : 2018-01-03
Category : Law
ISBN : 9789813231320

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Interpreting China's Legal System by Lin Li Pdf

This book systematically and concisely expounds the construction process of China's legal system since China's reform and opening-up. Chapter 1 defines the legal system in China and describes the development of China's legal system from 1949 to 1978. Chapter 2 introduces China's legislative system, including its historical development, division of legislative functions and power, and legislative procedures. Chapter 3 compares the differences between the law systems of other countries and China's law system and how other law systems in the world influences the law system in China. Chapter 4 studies China's constitutional law system, including its historical development, forms of law and enforcement of the constitution. Chapter 5 introduces China's administrative legal system, including main principles, administrative legislation and administrative compensation. Chapters 6, 7, 8, 9 describe China's civil and commercial legal system, China's economic legal system, China's social legal system and China's criminal legal system respectively. Chapter 10 introduces China's legal system in litigation and non-litigation procedure in terms of criminal, civil, administrative and non-litigation procedures. Chapter 11 analyses the legal system of the special administrative regions in China and its relationship with China's legal system. The last chapter, Chapter 12 studies the relationship between the international law and China's domestic law system.

Justice Without Borders

Martin Böse,Michael Bohlander,André Klip,Otto Lagodny
Justice Without Borders Book PDF

Author : Martin Böse,Michael Bohlander,André Klip,Otto Lagodny
Publisher : BRILL
Page : 484 pages
File Size : 46,5 Mb
Release : 2018-01-25
Category : Law
ISBN : 9789004352063

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Justice Without Borders by Martin Böse,Michael Bohlander,André Klip,Otto Lagodny Pdf

Justice Without Borders is a collection of essays on international criminal law, European criminal law and international cooperation of distinguished authors that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018.

Methodology of Judicial Proof and Presumption

Jiahong He
Methodology of Judicial Proof and Presumption Book PDF

Author : Jiahong He
Publisher : Springer
Page : 280 pages
File Size : 43,6 Mb
Release : 2018-01-23
Category : Law
ISBN : 9789811080258

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Methodology of Judicial Proof and Presumption by Jiahong He Pdf

This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.