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The Exclusionary Rule of Illegal Evidence in China - Theory, Case, Application (Hardcover, 1st ed. 2019)
Loot Price: R3,401
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The Exclusionary Rule of Illegal Evidence in China - Theory, Case, Application (Hardcover, 1st ed. 2019)
Series: Masterpieces of Contemporary Jurisprudents in China
Expected to ship within 10 - 15 working days
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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.
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