YE QING, PhD
Full Professor of Criminal Procedure Law
President of the East China University of Political Science and Law
Vice President of the Shanghai Academy of Social Sciences
People's Republic of China
On March 14, 2012, the exclusionary rule against illegally obtained evidence was incorporated for the first time into the Criminal Procedure Law of the People’s Republic of China, marking the establishment of an important criminal evidence rule in the Chinese legal system that guarantees judicial impartiality and respects human rights.
However, the practical effect of the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Case coming into force in 2010 has exhorted us to reconsider this evidence rule in a more rational and scientific way.
Through clarifying and analyzing the current legislation in this regard in China, this article discusses the relationships among the prosecution, the defense and the judge under the exclusionary rule from the perspective of the distribution of rights and obligations.
In addition, it proposes that the transformation of the exclusionary rule from “the law in books” to “the law with life” requires further development and improvement with respect to local adaptation, supporting measures, provisions refinement, and ultimate goals.