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- Title
TORTUOUS PROGRESS: EARLY CASES UNDER CHINA'S NEW PROCEDURES FOR EXCLUDING EVIDENCE IN CRIMINAL CASES.
- Authors
DAUM, JEREMY
- Abstract
The article examines the challenges in the implementation of the Rules on Certain Issues Relating to the Exclusion of Illegal Evidence in Criminal Cases in China. Some flaws in the implementation of the exclusionary rule revealed by Supreme People's Court (SPC) Vice President Zhang Jun are mentioned. According to the author, judges have ignored requests from defense lawyers to examine allegations of illegal evidence. One example given is the case of entrepreneur Fan Qihang whose lawyer Zhu Mingyong was not allowed by the SPC to participate in the final review of his death sentence. The lack of provision for the defendant's burden of proof and the unlikelihood for the rules to end the torture of defendants are discussed.
- Subjects
CHINA; CRIMINAL procedure; EXCLUSIONARY rule (Evidence); ZHANG Jun; COURT personnel; FAN Qihang; ACTIONS &; defenses (Law)
- Publication
New York University Journal of International Law & Politics, 2011, Vol 43, Issue 3, p699
- ISSN
0028-7873
- Publication type
Article