JOURNAL ARTICLE
Unpacking the exclusionary rule of repeated confessions in China.
Published In: International Journal of Evidence & Proof, 2024, v. 28, n. 2. P. 111 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Mou, Luye; Chen, Li 3 of 3
Abstract
This article examines the legal treatment of repeated confessions in Chinese criminal procedure, focusing on China's current "principle plus exceptions" model, which generally excludes repeated confessions obtained after an initial confession procured by torture but allows limited exceptions. An empirical study of 113 Chinese cases reveals inconsistent application of this model and highlights its rigidity and inadequacy in addressing the complexities of repeated confessions. By comparing Chinese law with English and American approaches—which emphasize case-specific analyses considering factors such as voluntariness, causal links to initial rights breaches, and procedural safeguards—the article advocates for China to adopt a flexible, case-specific framework. It further recommends institutional reforms to strengthen judicial independence, ensure detailed judicial reasoning, and provide appellate review, thereby enhancing the protection of defendants' rights and improving evidence law reform in China.
Additional Information
- Source:International Journal of Evidence & Proof. 2024/04, Vol. 28, Issue 2, p111
- Document Type:Article
- Subject Area:Law
- Publication Date:2024
- ISSN:1365-7127
- DOI:10.1177/13657127231212228
- Accession Number:176356139
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