Exclusion of illegally obtained confessions in China

Abstract

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.