Comparative Analysis of Evidence Systems in Criminal Justice between China and the Philippines

Authors

  • Yun Pei EMILIO AGUINALDO COLLEGE Author

DOI:

https://doi.org/10.71411/jassp.2025.223

Keywords:

Comparison between China and the Philippines criminal justice evidence system, exclusion of illegal evidence, right to remain silent, procedural justice, constitutional protection

Abstract

Against the backdrop of economic globalization and deepening regional cooperation, legal exchanges and judicial cooperation between China and the Philippines are becoming increasingly frequent. Especially in the field of criminal justice, understanding the differences in evidence systems has become the key to transnational law enforcement cooperation and legal aid. This paper compares the evidence systems in criminal justice in China and the Philippines, combs through the historical origins and legal basis of each system, systematically compares the core contents such as types of evidence, exclusionary rules for illegal evidence, witness system, protection of defendant's rights and adoption of electronic evidence, and combines typical case analysis to reveal the fundamental differences between the two systems in terms of value orientation and institutional operation. The study found that the Philippine system focuses more on procedural justice and constitutional protection, while the Chinese system focuses on substantive truth and case handling efficiency. On this basis, this paper puts forward several targeted reform suggestions, such as improving the procedure for excluding illegal evidence, strengthening the mechanism for witnesses to appear in court, promoting the implementation of the cross-examination system, improving the standardization of electronic evidence acceptance, and strengthening the protection of procedural rights such as the right to remain silent, in order to provide international experience and path inspiration for the reform of China's criminal evidence system.

Author Biography

  • Yun Pei, EMILIO AGUINALDO COLLEGE

    EMILIO AGUINALDO COLLEGE

References

Aquino, D. M. (2019). Witness protection and adversarial proceedings in the Philippines. Journal of Southeast Asian Law, 4(1), 67–85.

Chen, G. (2019). The operation and limitation of the exclusionary rule in China’s criminal procedure: An empirical investigation. Journal of Criminal Justice Studies, 32(2), 45–62.

De Leon, J. (2023). Technology and criminal justice reform. Law and Technology Review, 12(2), 105–123.

Garcia, R. A. (2020). Constitutional boundaries and the exclusion of evidence: Reassessing the fruit of the poisonous tree in Philippine law. Philippine Law Journal, 91(1), 101–123.

Guo, Z. (2016). Exclusion of illegally obtained confessions in China: An empirical perspective. The International Journal of Evidence & Proof, 21(1–2), 30–51. https://doi.org/10.1177/1365712716674799 DOI: https://doi.org/10.1177/1365712716674799

Lim, R. T. (2022). The fruit of the poisonous tree doctrine in Philippine criminal justice: Constitutional theory and practical constraints. Philippine Social Science Review, 74(1), 55–72.

Lin, X., Chen, C., & Wang, Y. (2018). Regulating the power of Chinese police through the exclusionary rule – an empirical study. Policing and Society, 29(9), 1109–1125. https://doi.org/10.1080/10439463.2018.1502291 DOI: https://doi.org/10.1080/10439463.2018.1502291

McConville, M., & Choongh, S. (2011). Criminal justice in China: An empirical inquiry. Edward Elgar. DOI: https://doi.org/10.4337/9780857931917

Shahaab, A., Hewage, C., & Khan, I. (2021). Preventing spoliation of evidence with blockchain: A perspective from South Asia. 45–52. https://doi.org/10.1145/3460537.3460550 DOI: https://doi.org/10.1145/3460537.3460550

Vu, T. Q. (2024). Exclusionary rule of illegal evidence under China’s Criminal Procedure Law and recommendations for Vietnam. Vietnamese Journal of Legal Sciences, 12(3), 75–87. https://doi.org/10.2478/vjls-2024-0021 DOI: https://doi.org/10.2478/vjls-2024-0021

Zhao, Y. (2020). Illegal evidence exclusion in China: A legal transplant in trouble. International Journal of Evidence & Proof, 24(4), 320–340.

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Published

2025-08-23

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Section

Articles

How to Cite

Comparative Analysis of Evidence Systems in Criminal Justice between China and the Philippines. (2025). Journal of Asia Social Science Practice, 1(2), 25-38. https://doi.org/10.71411/jassp.2025.223

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