Author(s)

Yanqing Fang ¹

Affiliation(s)

¹ School of the English Language and Culture, Xiamen University Tan Kah Kee College, Xiamen, Fujian, China

Corresponding Author

Yanqing Fang

ABSTRACT

The entry into force of the "Two Evidence Provisions" and the newly amended Criminal Procedure Law has led to the establishment of the rule of excluding illegal evidence in China, which is of great significance to the protection of human rights in the entire criminal field. It is necessary to interpret the application of the doctrine of the fruit of the poisonous tree in China's criminal proceedings, to clarify the necessity of its application and the criteria for its application, so as to enhance the effectiveness of the application of the rule on the exclusion of illegal evidence.

KEYWORDS

Fruit of the Poisonous Tree, Procedural Justice, Physical Evidence, Rule on the Exclusion of Illegal Evidence

CITE THIS PAPER

Yanqing Fang, On the Application of the "Fruit of the Poisonous Tree" in Criminal Proceedings. Science of Law Journal (2023) Vol. 2: 53-62. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020107.

REFERENCES

[1] Bian Jianlin, Yang Yuguan. (2012) Empirical Study of the Rules for Exclusion of Illegal Evidence. China University of Political Science and Law Press, 278. 
[2] Bian Jianlin, Yang Cheng. (2006) The study of criminal due process: jurisprudence and cases. China Procuratorial Press, 191-195.
[3] Chen Xingliang. (2010) The Formation of Wrongful Cases. Journal of Zhejiang Public Security High School, 5.
[4] Guo Hua, Wang Jinxi. ( 2010) Interpretation and Application of the Provisions on Evidence in Death Penalty Cases and Provisions on the Exclusion of Illegal Evidence. People's Public Security University of China Press, 271--272. 
[5] Long Zongzhi.(2010) Research on the Regulation and Implementation of Two Evidence Provisions. Chinese Jurisprudence, 6.
[6] Lv Guanglun, Luo Guoliang. (2010)Understanding and Application of the ‘Regulations on Several Issues Concerning the Examination and Judgment of Evidence in Death Penalty Cases'. People's Procuratorate, 16.
[7] Ren Donglai, Chen Wei, Bai Xuefeng.( 2004) The History of American Constitutionalism - 25 Great Judicial Cases Affecting the United States. China Legal Publishing House, 428.
[8] Wan Yi.( 2011) On the Effectiveness of Repeated Confessions. Journal of Sichuan University, 5. 
[9] Wang Haiyan.( 2002) On the Fruit of the Poisonous Tree Doctrine in the U.S.--And the Implications for China's Criminal Evidence Legislation. Comparative Law Studies, 1.
[10 Wang Haiyan, Hu Changlong. ( 2002) A Study of the Basic Issues of Criminal Evidence. Law Press,272-273.
[11] Wang Jiancheng.(2006) Ideal and Reality - A New Exploration of Criminal Evidence Theory. Beijing University Press, 123.

Sponsors, Associates, and Links

---

• Journal of Language Testing & Assessment
  
  
• Information and Knowledge Management
  
  
• Military and Armament Science
  
  
• Media and Communication Research
  
  
• Journal of Human Movement Science
  
  
• Art and Performance Letters
  
  
• Lecture Notes on History
  
  
• Lecture Notes on Language and Literature
  
  
• Philosophy Journal
  
  
• Journal of Political Science Research
  
  
• Journal of Sociology and Ethnology
  
  
• Advances in Broadcasting