{"title":"中国非法证据排除规则的政治核心:与国际刑事法院的比较研究","authors":"Luye Mou","doi":"10.14330/jeail.2021.14.2.05","DOIUrl":null,"url":null,"abstract":"Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC ’ s rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one ’ s own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform .","PeriodicalId":42314,"journal":{"name":"Journal of East Asia and International Law","volume":null,"pages":null},"PeriodicalIF":0.2000,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Political Heart of China’s Exclusionary Rule of Illegally Obtained Evidence: A Comparative Study with the International Criminal Court\",\"authors\":\"Luye Mou\",\"doi\":\"10.14330/jeail.2021.14.2.05\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC ’ s rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one ’ s own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform .\",\"PeriodicalId\":42314,\"journal\":{\"name\":\"Journal of East Asia and International Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2021-11-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of East Asia and International Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14330/jeail.2021.14.2.05\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of East Asia and International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14330/jeail.2021.14.2.05","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
The Political Heart of China’s Exclusionary Rule of Illegally Obtained Evidence: A Comparative Study with the International Criminal Court
Article 69(7) of the International Criminal Court Statute develops a specific rule to exclude evidence and thus ensure evidentiary reliability and procedural integrity before its proceedings. China has introduced the exclusionary rule of illegally obtained evidence that places an overriding priority on pursuing factual accuracy, because the rule has been devised and applied primarily for the sake of preventing miscarriages of justice and bolstering governmental integrity. A political imperative for truth makes the rule incompatible with the existing institutional environment. The ICC ’ s rule and practice illuminates the importance of neither assuming the excellence of the rule nor borrowing the rule without modification, but of exploring the rule that is based upon one ’ s own practical experience, institutional structure, and political powers. This article embraces the room for flexibility, experimentation, and adaptation that can contribute to a healthy scheme for legal transplant and law reform .