Integration and Application of Supervision Evidence and the Exclusionary Rule for Illegally Obtained Evidence—With a Discussion on the Protection of the Right to Defense of Investigated Individuals
Year: 2025
Type: article
Abstract: The core of the "connection and application between laws" between the Supervision Law and the Criminal Procedure Law lies in the connection of evidence, and the problem of illegal evidence collection in supervisory investigations cannot be ignored. By justifying the normative logic of applying the exclusionary rule of illegal evidence to supervisory evidence, we can clarify the scope of evidence types and the interpretations of "usable" and "consistent". An expanded interpretation of the character "deng" (etc.) in Article 33 of the Supervision Law helps to get out of the interpretation dilemma. In view of the inherent difficulties of the exclusionary rule of illegal evidence itself, such as difficulty in verification, difficulty in reasoning, and difficulty in implementation, as well as the natural defects in the internal division of powers and self-exclusion of supervisory commissions, we should strengthen the trial-centered doctrine to ensure that the evidence obtained through supervisory investigations meets the standards of criminal procedure evidence in the "connection and application between laws". Whole-process audio and video recording is conducive to protecting the right to defense of investigated persons, and can also provide guarantees in links such as the digital collection, preservation, and connection of supervisory evidence.
Author: Zhijun Li
Institution: North China University of Technology
Language: English
Topic: Criminal Law and Evidence
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410127998