Open AccessPath Analysis of the Application of "Poisonous Tree Fruit" in the Field of Criminal Law in China
Author(s) -
Lin Zhang
Publication year - 2022
Publication title -
asian journal of social sciences studies/asian journal social science studies
Language(s) - English
Resource type - Journals
eISSN - 2424-9041
pISSN - 2424-8517
DOI - 10.20849/ajsss.v7i3.1042
Subject(s) - china , economic justice , law , legislation , modernization theory , tree (set theory) , procedural justice , space (punctuation) , criminal justice , political science , path (computing) , choice of law , mathematics , computer science , conflict of laws , psychology , mathematical analysis , neuroscience , perception , operating system , programming language
Although our country has established the exclusion rule of illegal evidence, there is no clear legislation on the evidence derived from illegal evidence. Therefore, the choice of "the fruit of the poison tree" leaves a huge space for controversy. Behind its choice not only implies the further coordination of procedural justice and substantive justice, but also becomes an important driving force to promote the modernization of China's judicial process.