Frontier Issues in Criminal Procedure (Second Edition)

Author: Chen Ruihua
Publisher:
Publish Date: 2005-12-01
Features: This book is an academic summary by the author based on 10 years of research. Building upon a summary of the emergence, development, and fundamental theoretical categories of China's criminal procedure law in the 20th century, it comprehensively addresses both foundational and cutting-edge theoretical issues in criminal procedure law. It discusses research methodologies in criminal procedure law, advocating the use of general social science methods and interdisciplinary approaches to study criminal procedure issues with a focus on fundamental questions. The book elaborates on two important theoretical topics in criminal procedure law—procedural justice theory and procedural sanctions theory—laying a theoretical foundation for the discipline and expanding its academic landscape. It theoretically distinguishes between "evidence law" and "evidence studies," offering a reinterpretation of the system and function of criminal evidence law. Using empirical analysis methods, it conducts a comprehensive examination of the trial committee, recusal, and jurisdiction change systems, raising issues of internal independence within the judiciary and the administrativeization of judicial adjudication. It introduces the concept of the "vertical structure" of criminal procedure, explaining China's criminal procedure structure as a "" model. It theoretically explains the relationship between pre-trial investigation, prosecution review, and their interactions, proposing the view of "establishing an integrated pre-trial procedure."