Author(s)

Caiyu Lin

Corresponding Author

Caiyu Lin

ABSTRACT

China's rules on the exclusion of repetitive confessions establish general principles for the exclusion of repetitive confessions and two exceptions for "subject change" and "stage change". The "general plus exceptions" legislative model can ensure the effectiveness of the exclusion of illegal evidence rule and help balance the contradiction between crime fighting and human rights protection, but the exclusion of repetitive confessions in China still suffers from a narrow scope of general exclusion and overly broad exceptions, which may prevent the rule from performing its proper function. This may lead to the rule not performing its proper function. In this regard, we can further improve the rule of excluding repetitive confessions in China by broadening the scope of "illegal evidence collection methods" and limiting the exceptions.

KEYWORDS

Repetitive confessions, illegal evidence, exclusion rules