With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of...With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.展开更多
China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instan...China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instance, although the legislation recognizes the right against compulsory self-incrimination, it does not acknowledge the right to silence and retains the obligation of the accused to confess; the amended provisions are more tolerant of the use of illegal tactics like ＂threats,＂ ＂enticement＂ and ＂deceit＂ to obtain confessions; the legislative approach does not resolutely deter unlawful search and seizure in the collection of evidence; and although there are provisions for protection of persona/safety, financial compensation and judicial sanctions to ensure that witnesses appear before court to testify, there are no provisions on the most important rule in the evidence system, the hearsay rule.展开更多
文摘With the full implementation of the Code of Criminal Procedure, the application of the rules of the exclusion of the illegal evidences is more inclined to the protection of the human rights. However, in the process of the implementation of the new laws, the problems in view of the rules of the exclusion of the illegal evidences are also prominent, which are mainly reflected in the ambiguity of the scope of the application, the start of the program of the exclusion, and the formalization the trial certificates and other aspects. Therefore, in this article, the author starts from the concept of the illegal evidences, and expounds the principles of the exclusion and the abilities of the evidences, and especially explores the abilities of the evidences and the probative forces. From the differences between the two, the author strictly proves the virtualization of the standards, in order to provide the positive solutions for strengthening the exclusionary procedure of the illegal evidences.
文摘China＇s Amendment to the Criminal Procedure Law of 2012 revises the provisions on rules of evidence. There are a number of positive changes compared to the original text, but some shortcomings still exist. For instance, although the legislation recognizes the right against compulsory self-incrimination, it does not acknowledge the right to silence and retains the obligation of the accused to confess; the amended provisions are more tolerant of the use of illegal tactics like ＂threats,＂ ＂enticement＂ and ＂deceit＂ to obtain confessions; the legislative approach does not resolutely deter unlawful search and seizure in the collection of evidence; and although there are provisions for protection of persona/safety, financial compensation and judicial sanctions to ensure that witnesses appear before court to testify, there are no provisions on the most important rule in the evidence system, the hearsay rule.
