Frontier Issues in Criminal Procedure

Author: Chen Ruihua
Publisher:
Publish Date: 2005-12-01
Features: This book is an academic summary of the author's decade-long research. Building upon an analysis of the emergence, development, and fundamental theoretical categories of criminal procedure law in 20th-century China, it comprehensively summarizes 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 establishing a fundamental awareness of key problems. 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 provides a theoretical distinction between "evidence law" and "evidence studies," offering a reinterpretation of the system and functions of criminal evidence law. Employing empirical analysis methods, it conducts a comprehensive examination of the collegiate panel system, recusal, and jurisdictional changes, 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 the structure of Chinese criminal procedure as a "" (streamlined production-line) model. The book theoretically explains the relationship between pre-trial investigation, prosecution review, and their interactions, proposing the view of "establishing an integrated pre-trial procedure."