The Significant Development of the Exclusionary Rule of Illegal Evidence in China: from the Perspective of the Promulgation of “The Rule of Strict Exclusion of Illegal Evidence”
Abstract：The function and value of exclusionary rule of illegal evidence lie not only in the prevention of mistrial, but also in the manifestation of procedural justice, the regulation of judicial conduct and the emphasis on the protection of human rights. The promulgation of “the rule of strict exclusion of illegal evidence” has made a positive response to the practical problems during the implementation of exclusionary rule of illegal evidence. Many provisions in this rule are much more strict than before, such as further defining the scope of illegal oral evidence, clarifying the method of excluding the repeated confessions, emphasizing the timeliness of exclusion of illegal evidence and the synchronization of supervision of investigation, attaching the importance of collection and application of process evidence, and exerting the review of the legitimacy of evidence in pre-trial conference. After the promulgation of “the rule of strict exclusion of illegal evidence”, we should continue to focus on the implementation of exclusionary rule of illegal evidence, ensuring its function of post-punishment and illegal prevention.
卞建林 谢澍. 我国非法证据排除规则的重大发展——以《严格排除非法证据规定》之颁布为视角[J]. 浙江工商大学学报, 2017, 31(5): 15-22.
BIAN Jianlin XIE Shu. The Significant Development of the Exclusionary Rule of Illegal Evidence in China: from the Perspective of the Promulgation of “The Rule of Strict Exclusion of Illegal Evidence”. Journal of Zhejing Gongshang University, 2017, 31(5): 15-22.
2017, Vol. 31 
浙公网安备 33011802000512号