Exclusion of illegally obtained confessions in China
An empirical perspective
Bibliographic Data
| ID | 12596107 |
|---|---|
| Authors | Zhiyuan Guo (0000-0003-4329-5825, China University of Political Science and Law, Beijing, China1, corresponding author) |
| Year | 2016 |
| Volume | 21 |
| Issue | 1-2 |
| Pages | 30-51 |
| Publication date | 2016-12-29 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Evidence & Proof (JOURNAL) |
| Journal identifiers | ISSN: 1365-7127 • E-ISSN: 1740-5572 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/1365712716674799 |
| OpenAlex | W2569863046 |
| Language | EN |
| Citations received | 5 |
| References cited | 1 |
The exclusion of illegally obtained evidence has long been the focus of theoretical research and legislative reform in China. After years of efforts, the exclusionary rule has finally found a foothold in Chinese statute. However, after the exclusionary rule has been officially established, the initial fervour for reform has given way to a difficult slog of changing actual practice. This article is based on a comprehensive empirical survey on the implementation of the exclusionary rule conducted by the author as the primary investigator. This article will address three key issues that stood out in the empirical surveys: the definition and scope of illegally obtained confession, proof of illegally obtained confession, and suppression hearing. In addressing each issue, the author will follow the similar structure: first share the empirical findings on the implementation of the exclusionary rule across the country, then examine the contributing factors causing the failure of implementation and identify the existing challenges that China encountered in implementing the new rules, and finally put forward some potential solutions to these problems based on comparative study and China’s special situation
Burden of proof · China · Confession (law · Empirical research · Epistemology · Exclusionary Rule · Law and economics · Legislature · Political science · Scope (computer science · Sociology · Statute · Computer Science · Criminal Law and Evidence · Judicial and Constitutional Studies · Law · Ombudsman and Human Rights
The Production of “Indisputable” Confession Evidence in China
Unpacking the exclusionary rule of repeated confessions in China
Truth and procedural fairness in Chinese criminal procedure law
Regulating the power of Chinese police through the exclusionary rule – an empirical study
Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis
| Unique citing works | 5 |
|---|---|
| Citations per year | 0.63 |
| Citation span | 2018 - 2024 (7) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 5 |