Kai-Ping Su

Kai-Ping Su is an Assistant Professor at National Taiwan University, College of Law. His research focuses on criminal procedure and court reform in Taiwan, China, and the U.S., with an emphasis on the use of empirical research and comparative methods to inform legal policy. His recent publications have appeared in the Berkeley Journal of Criminal Law, Washington International Law Journal, and National Taiwan University Law Review. Kai-Ping earned his law degrees both from UC Berkeley Law and NTU Law. Following graduation from NTU Law and before studying at Berkeley Law, he had practiced law in Taiwan for several years.

Designation: National Taiwan University, College of Law
Institution: National Taiwan University, College of Law
Paper: Evidence Law and Human Rights: How Common Law Evidential Traditions Have Influenced Legal Policies and Practice in Taiwan and China
Abstract: "This article studies how the adoption of evidence law from common law traditions has served as a catalyst for human rights in Taiwan and China, two civil law jurisdictions. When establishing their modern legal systems, Taiwan and China learnt civil law systems from Germany, Russia, and Japan. However, starting in the 90’s, the two jurisdictions have adopted evidentiary rules from common law countries, particularly the U.S. and the U.K.. Different from existing literature which mostly discusses evidentiary rules in the context of specific cases, this article will focus on the adoption of evidence law in general and views it as an indicator of human rights improvement. I will argue that the transplanted evidence law has permanently changed the understanding of human rights in the two jurisdictions, because it has obliged courts to provide detailed reasons for their decisions. The lack of sufficient reasoning about evidence has become the major reason that court decisions would be overturned in both jurisdictions. In this regard, evidentiary rules have contributed to improvements in the understanding and protection of human rights. However, this legal transplant also creates problems. There are clear contradictions between the new evidentiary rules borrowed from common law traditions and the original criminal procedure built on civil law system. The inevitable conflict between the two sets of rules may cast a cloud over the improvement of human rights in Taiwan and China."