Open Access Opinion

Exclusion of Illegally Obtained Evidence in China: from the Perspective of Undue Coercion

Jiang Na1* and Han Rong2

Department of Criminal Law Science, China

Law School of Beijing Normal University, China

Corresponding Author

Received Date: November 26, 2018;  Published Date: December 05, 2018


China has introduced exclusionary rules in the 2012 Criminal Procedure Law (CPL) by means of new justice reforms. Some reformers hold that China protects and ensures the accused’s rights to remain silent or privilege against self-incrimination, based on the new rule of excluding illegally obtained evidence in the CPL. Differently, some argue against them that China cannot actually exclude all forms of illegally obtained evidence, particularly evidence extorted through undue pressure or coercion, which is at the core of reasons leading to injustices in practice. It is very necessary for more reformers to focus on such evidence from a new perspective of undue coercion, in order to fill in the gap between the above actual needs and legal requirements.

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