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Back from the DeadWrongful Convictions and Criminal Justice in China$
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He Jiahong

Print publication date: 2016

Print ISBN-13: 9780824856618

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824856618.001.0001

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PRINTED FROM HAWAII SCHOLARSHIP ONLINE (www.hawaii.universitypressscholarship.com). (c) Copyright Hawaii University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in HSO for personal use.date: 28 September 2021

The Exclusionary Rules against Illegally Obtained Evidence

The Exclusionary Rules against Illegally Obtained Evidence

Chapter:
(p.149) Chapter Eleven The Exclusionary Rules against Illegally Obtained Evidence
Source:
Back from the Dead
Author(s):

Jiahong He

Publisher:
University of Hawai'i Press
DOI:10.21313/hawaii/9780824856618.003.0012

In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial commission organized by the High Court overruled the conviction against Zuohai and released him. Influenced by this wrongful conviction, the “Two Provisions on Criminal Evidence” were issued in June 2010. Against the background of this story, and drawing on the results of a survey of judges, the author discusses issues relating to illegally obtained evidence and calls for a higher standard for evidence collection, examination, and evaluation.

Keywords:   exclusionary rule, Criminal Procedure Law, right to silence, Zhao Zuohai

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