Criminal Justice: Diverse Values and Institutional Arrangements

Author: Zhang Jianwei
Publisher:
Publish Date: 2003-04-01
Features: This book takes criminal justice as its research and elaboration object. It primarily involves the legal value orientation of criminal justice and the corresponding procedural design, while proposing several specific solutions and suggestions for criminal justice reform. The book begins by exploring the pluralistic values of criminal justice and the principle of their balance, proposing that criminal justice values are inherently pluralistic and that legislation and practice in criminal justice should seek balance among these diverse values. Under this fundamental principle, the author discusses the value judgment standards for procedural actions and the theory of procedural justice, while offering insights into value selection, balance, and specific institutional design.
Regarding the criminal justice system, the author proposes strengthening the independence of collegiate courts and further establishing an independent judicial system for judges to preside over trials. In terms of protecting the rights of the accused, preventing torture should be listed as a priority for reform. To safeguard the rights of the accused, it is necessary to establish the privilege against compelled self-incrimination, the rule of voluntary confessions, the system of mandatory defense, the principle of prohibiting double jeopardy, and the right to be informed. The author also specifically recommends enhancing special protections for the elderly.
In the context of evidence systems, the role of confessions should be weakened in establishing a system of evidence proving guilt. The law should supplement provisions on the duty to testify for informants and privileged testimonies, and establish necessary procedural rules. The book also offers insights into reforms of the judicial appraisal system and the admissibility of polygraph results.
In the discussion of the overall structure of China's criminal justice procedures, the author summarizes ands the overall structure, proposing the implementation of a warrant system, strengthening judicial control over investigative powers, and optimizing the litigation structure. Regarding the prosecution system and prosecutorial system, the author analyzes discretionary non-prosecution, pointing out issues in the legislative design and judicial operation of China's non-prosecution system, and suggests borrowing from quasi-prosecution procedures while granting prosecutors a certain degree of independence under the principle of prosecutorial unity.
The book also compares the cultural background of criminal trial methods and analyzes the functions of judicial restraint and judicial activism, deepening the exploration of trial methods. In the reform of the trial system, it is necessary to further improve mechanisms for public participation in justice and the system of retrial, whileing a pardon procedure for capital cases. In terms of trial investigation methods, the mechanics and application of the cross-examination system are worth attention. Understanding this mechanism and applying it effectively can enhance the adversarial nature of trials and reveal the truth of the case.
Regarding the simplification of ordinary procedures and plea bargaining, the author expresses differing opinions. China's current criminal justice reform is taking place against the backdrop of economic globalization and political regional integration, making the issue of criminal international judicial standards—an achievement of common human culture—inescapable. Today, the meaning of legal modernization is no longer limited to Westernization but has expanded to international standardization. Studying the application of criminal justice standards in China carries obvious significance.