Is There Room for Optimism in China’s 2010 Exclusionary Rule and Its 2012 Revision?

Abstract

The 2010 exclusionary rule in China and its 2012 revision has led to a spate of scholarly writings about the efficacy of the rule in the country. Divergent points have been expressed as to the viability of the rule. This paper weighs in the discussion and provides optimism for the rule's application in China. Using a document textual analysis, the paper examines the current debate about the rule and concludes by advancing recommendations on how the rule can be better applied in the country. The authors of the paper caution against hasty decisions about the effectiveness of the law given that cultural practices and not the law itself may impede the effectiveness of the law.

The Political Heart of China’s Exclusionary Rule of Illegally Obtained Evidence: A Comparative Study with the International Criminal Court

“…58 As to domestic jurisdictions, Time and Dai claim that China's exclusionary rule is undoubtedly intended to deter police work that deviates from required standard and ethical procedures. 59 Their argument would be strong in the American context, as the US Supreme Court is emphasizing increasingly that the main function of the rule is to deter abusive police practice. 60 However, what the Chinese government is trying to deter are violations that may cause wrongful convictions or jeopardize factual accuracy, which is not those of constitutional rights or notions of procedural justice.…”