Provisions on the Several Issues concerning the Strict Exclusion of the Illegally Collected Evidence in the Handling of Criminal Cases [关于办理刑事案件严格排除非法证据若干问题的规定] (promulgated by the SPC, SPP and MPS, June 20, 2017).
Many Chinese scholars advocate transplanting the American Gideon to improve the quality of criminal defense and legal aid in China. Nowadays, less than thirty percent of criminal defendants in China have counsels to represent them, and this has worsened since the year of 2012, because laws and policies have expanded the legal aid to more candidates, while the appropriations cannot keep pace with the explosive caseload. Institutional impediments also frustrate lawyers' efforts in providing effective representation, and there is no remedy for ineffective-assistance-of-counsel claims. This paper calls for a fuller understanding of the Gideon's broken promise in the US, and argues that the forces most essential to the support of the Chinese Gideon can only come from China's practice and experience.
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