Foreign Criminal Procedure Law

Author: Bian Jianlin, Liu Mei
Publisher:
Publish Date: 2002-06-01
Features: "Criminal Procedure Law of Foreign Countries" is one of the elective courses for law students in law schools. In recent years, through our teaching practice, we have found that the existing textbook content has become outdated and cannot accurately and comprehensively reflect the objective situation of criminal procedure systems in countries around the world today, making an update urgently needed. This textbook is designed for undergraduate law students, graduate students in litigation law, and other law students, providing them with a resource for studying and researching foreign criminal procedure law. The book selects criminal justice systems and procedures from eight countries: Germany, Russia, France, Canada, the United States, Japan, Italy, and the United Kingdom.
From the perspective of legal sources and judicial traditions, the United Kingdom and the United States represent the common law system, primarily based on common law and customary law. Canada also belongs to this legal system but has a codified criminal law, where substantive criminal law and criminal procedure law are combined. France and Germany are representative countries of the civil law system. Japan traditionally follows the civil law system but has absorbed a large amount of common law content since World War II, presenting a typical mixed model. In recent years, Italy's criminal procedure legal system has also shown a similar trend. Russia's criminal procedure legal system is distinct from both the common law and civil law systems, having its own unique characteristics. China's early criminal procedure legal system was heavily influenced by it.
Given the distinctive features of the criminal procedure legal systems of the aforementioned countries and their respective representativeness, this book specifically selects these eight countries for introduction, enabling students to study, research, and compare them. The authors have visited Western countries multiple times as visiting scholars and studied abroad, which has allowed us to personally experience the criminal justice systems of advanced countries in the world today, enhancing our intuitive understanding of foreign criminal procedure law. Based on this foundation, combined with relevant research materials and literature from both domestic and international sources, this book has been completed.