Between Problems and Ideologies (A Study of Basic Issues in Criminal Procedure)

Author: Chen Ruihua
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Features: This book summarizes the author's research achievements on criminal procedure issues over the past three years. The ten papers included cover a series of topics such as the nature of judicial power, rights relief in criminal procedure, procedural sanctions, pending detention, court changes in charges, double prosecution, and evidence rules. With the research theme of "Chinese issues, global perspective," the book explores new methods and paradigms in the study of criminal procedure law. This is the second monograph by the author on specialized research into Chinese criminal procedure issues and a companion volume to Frontier Issues in Criminal Procedure. The book, guided by the theme of "Chinese issues, global perspective," conducts innovative explorations into the research methods and paradigms of criminal procedure law. The author offers fresh perspectives and employs novel research methods to discuss fundamental issues in criminal procedure law, such as the nature of criminal judicial power, rights relief in criminal procedure, procedural sanctions, pending detention, court changes in prosecution charges, double prosecution in criminal procedure, and criminal evidence rules. The ninth chapter, though not a traditional criminal procedure issue, typically embodies the approach of "studying Chinese issues with a global perspective." The final chapter provides a comprehensive reflection on the research paradigms of Chinese criminal procedure law, proposing new insights. Building on a critique of traditional countermeasure-based and speculative legal methodologies, the book advocates a new legal approach grounded in problem analysis. The analyses in each chapter can be seen as concrete attempts to apply this research method.