1st Edition

The Exclusionary Rule of Evidence Comparative Analysis and Proposals for Reform

By Kuo-hsing Hsieh Copyright 2014
264 Pages
by Routledge

264 Pages
by Routledge

264 Pages
by Routledge

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule... Read more

The Exclusionary Rule of Evidence

Biography

Kuo-hsing Hsieh is Assistant Professor of Law at the National Chung Cheng University, Taiwan, where his teaching and research focus on criminal law and procedure, and human rights law. He read law at the University of Edinburgh where he received his Ph.D. degree, having been awarded a College of Humanities and Social Science Scholarship, School of Law Scholarship, W.A. Wilson Education Fund and North American Taiwan Studies Association Scholarship. His principal research interest is the broad field of criminal justice, where his work ranges from substantive criminal law to criminal procedure to the administration of criminal justice, with a special focus on issues related to comparative law.

’Kuo-hsing Hsieh takes on the very topical issue of state torture and how to prevent it. Using the vehicle of the Exclusionary Rule, the author explores the reasons why China continues to experience continuing problems of official torture and how the Exclusionary Rule can be used to prevent it. With the United Kingdom and the United States as comparative examples, Hsieh lays out the problem and provides a solution. A most timely book.’ Robert C. Berring, Berkeley Law School, University of California, USA ’This book is an exhaustive collection of primary sources and discussions of theoretical perspectives on various aspects of exclusionary rules in the US, the UK and China, and it is an equally exhaustive collection of pertinent Chinese materials that lay out clearly and distinctly the differences between these legal systems. The author makes a heartfelt plea for change in China, and this book may be a valuable contribution to that effort.’ Ronald J. Allen, Northwestern University, USA