Misunderstandings and Clarifications in the Identification of Defective Evidence and Illegal Evidence

Authors

  • TianGen Zhang Anhui University of Finance and Economics, Bengbu 233030, China Author

DOI:

https://doi.org/10.63313/SSH.9019

Keywords:

Illegal Evidence, Defective Evidence, Illegal Evidence Exclusion Rule

Abstract

In the trial of cases, evidence has always been a crucial part of the trial process. Clarifying the application rules of evidence is not only conducive to fully pro-tecting the legitimate rights and interests of the parties involved but also can effectively promote fair adjudication. However, from the current judicial situa-tion, there are numerous misunderstandings in the identification of defective evidence and illegal evidence. The existence of these misunderstandings will not only affect the handling of evidence but also interfere with the trial of cases, so this issue must be taken seriously. Therefore, this article takes the misunder-standings in the identification of defective evidence and illegal evidence as the research object. On the basis of clarifying relevant concepts, it analyzes the misunderstandings existing in judicial practice and puts forward targeted solu-tions, hoping to further promote the handling of evidence-related issues.

References

[1] Wentao Liu. "Lawyers' Defense under the System of Leniency for Admitting Guilt and Ac-cepting Punishment", Journal of Dalian Maritime University (Social Sciences Edition), 2021, 20(5): 24-35.

[2] Yanyou Yi. "Correction and Reasonable Explanation of Defective Evidence", Global Law Review, 2019, 41(3): 19-38.

[3] Weimin Zuo. "Hot" and "Cold": An Empirical Study on the Application of the Illegal Evi-dence Exclusion Rule, Law and Business Review, 2015, 32(3): 151-160.

[4] Xu Han, Xiangyi Wei. "A Study on the Implementation of the Exclusion Rule for Repeat Confessions - Based on 65 Judicial Documents", Nanjing University Law Review, 2020(2): 20-35.

[5] Xu Han. “The New Regulation on Illegal Evidence Exclusion: Progress, Limitations and Its Application Issues - An Analysis Based on the Provisions on Strictly Excluding Illegal Evi-dence", Journal of Jiangsu Academy of Governance, 2018(1): 118-127.

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Published

2025-08-25

Issue

Section

Articles

How to Cite

Misunderstandings and Clarifications in the Identification of Defective Evidence and Illegal Evidence. (2025). Social Sciences and Humanities, 1(2), 77-84. https://doi.org/10.63313/SSH.9019