On the Evidence Isolation Mechanism in China's Evidence Exclusion Rule
ZONG Bo
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Published
2021-02-10
Issue Date
2021-03-17
Abstract
To prevent the judge's mental impression from being polluted by excluded evidences in the course of fact-finding, academic members proposed the separation between the pretrial judge and trial judge, solving all evidence exclusion problems in pretrial conference, improving the legal quality of judges and strict reasoning of the judgment. However, those proposals are either practical in China or ineffective itself. Therefore, we can research the techniques of fact-finding after evidence exclusion, and use those techniques to prevent the judge's mental impression from being manipulated by excluded evidences. Because it's improper to stipulate those techniques as mandatory rules; instead, those techniques can be treated as principle provisions and supplemented by some guiding established cases.