Between Problems and Ideologies: A Study of Fundamental Issues in Criminal Procedure: A Study of Fundamental Issues in Criminal Procedure

Author: Chen Ruihua
Publisher:
Publish Date: 2003-07-01
Features: This book is a summary of the author's research on criminal procedure issues over the past three years. The ten papers included in the book cover a series of topics such as the nature of judicial power, rights protection in criminal procedure, procedural sanctions, pending detention, court changes in charges, double prosecution, and evidence rules. With the research theme of "Chinese issues, global perspective," the book explores new methods and paradigms in the study of criminal procedure law. This is the second book by the author on specialized research into Chinese criminal procedure issues and a companion to Frontier Issues in Criminal Procedure. The book, guided by the theme of "Chinese issues, global perspective," conducts new explorations in the research methods and paradigms of criminal procedure law. The author discusses fundamental issues in criminal procedure law, such as the nature of criminal judicial power, rights protection in criminal procedure, procedural sanctions, pending detention, court changes in prosecution charges, double prosecution in criminal procedure, and criminal evidence rules, from new perspectives and with innovative research methods. The discussion in Chapter 9, although not a traditional criminal procedure issue, typically embodies the approach of studying Chinese issues with a global perspective. The final chapter provides a comprehensive reflection on the research paradigms of Chinese criminal procedure law and proposes several new ideas. Building on a critique of traditional countermeasure-based and speculative legal methodologies, the book advocates a new legal approach grounded in problem analysis. The analyses in each chapter can be seen as concrete attempts to apply this research method.