Criminal Procedure Subject Theory

Author: Liu Tao
Publisher:
Publish Date: 2005-06-01
Features: This book first explores the value foundation of constructing the subject system in modern criminal procedure— the subjectivity concept centered on human beings. It elaborates and argues from perspectives such as the principle of subjectivity, humanism, civil society, and natural law theory. Second, it analyzes the basic principles of constructing the subject system in modern criminal procedure: the principle of procedural subjectivity, the principle of separation of powers and checks and balances, as well as the principle of procedural democracy. Then, based on the aforementioned principles, it proposes a gradual reform and improvement plan for China's modern criminal procedure subject system. Finally, it applies the theory of subjectivity to analyze several specific issues in further reforming China's criminal procedure: the establishment of plea bargaining, mediation in criminal prosecution cases, and the judicialization of the parole and commutation procedure.