The Evolution and Improvement of the Rules on Excluding Illegal Evidence from the “Old Regulations” to the “New Regulations”

Abstract

In September 2024, China introduced new regulations to govern the exclusion of illegal evidence in criminal cases, jointly issued by its highest judicial and law enforcement authorities. These updated rules replace the previous 2018 provisions and represent a significant advancement in the country’s efforts to enhance procedural justice and judicial integrity. The new framework broadens the criteria and situations under which evidence deemed unlawful can be invalidated, while also offering more comprehensive procedural guidelines to ensure consistent enforcement. Notably, it establishes clearer roles and cooperation mechanisms among investigative agencies, prosecutors, and courts, promoting greater coordination throughout the criminal justice process. These improvements address challenges faced in past judicial practice, aligning legal procedures more closely with societal expectations for fairness and transparency. Despite these gains, certain practical limitations remain in applying the new measures, which call for ongoing refinement. This study reviews the key enhancements embodied in the new regulations, assesses their impact on legal practice, and highlights areas needing further development. Ultimately, it seeks to contribute to the strengthening of China’s criminal justice system by supporting the balanced application of legal standards and advancing the rule of law.