The Exclusionary Rule Of Evidence: Comparative Analysis And Proposals For Reform (international And Comparative Criminal Justice)
by Kuo-hsing Hsieh /
2014 / English / PDF
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This groundbreaking monograph asserts the need for the
establishment of an exclusionary rule of evidence in China as a
means of protecting the people from police wrongdoing. The author
skilfully explores the foundations and developments of the
exclusionary rule in the UK and USA, assessing the rule from a
comparative perspective and illuminating some issues that may arise
in transferring the rule from one legal system to another. Divided
into two parts, the first part discusses lessons from the past, and
provides an in-depth examination of the development of the
exclusionary rule in the UK and USA, covering rationales, debates
and the theoretical foundation of the exclusionary rule in the
constitutional context. The second part looks to the future and the
establishment of a Chinese exclusionary rule. Specifically, it
analyses the effects of police torture, the passive attitude of
judges and the need to establish such a rule in practice for future
protection of human rights. The author's experience in criminal law
and procedure allow him to adroitly analyse crucial issues on both
theoretical and practical level that is understandable to those
working in the areas of human rights, comparative criminal
procedure, and the Chinese legal system.
This groundbreaking monograph asserts the need for the
establishment of an exclusionary rule of evidence in China as a
means of protecting the people from police wrongdoing. The author
skilfully explores the foundations and developments of the
exclusionary rule in the UK and USA, assessing the rule from a
comparative perspective and illuminating some issues that may arise
in transferring the rule from one legal system to another. Divided
into two parts, the first part discusses lessons from the past, and
provides an in-depth examination of the development of the
exclusionary rule in the UK and USA, covering rationales, debates
and the theoretical foundation of the exclusionary rule in the
constitutional context. The second part looks to the future and the
establishment of a Chinese exclusionary rule. Specifically, it
analyses the effects of police torture, the passive attitude of
judges and the need to establish such a rule in practice for future
protection of human rights. The author's experience in criminal law
and procedure allow him to adroitly analyse crucial issues on both
theoretical and practical level that is understandable to those
working in the areas of human rights, comparative criminal
procedure, and the Chinese legal system.