Conflict and Balance - A New Perspective on Criminal Procedure Theory

Author: Wang Jiancheng
Publisher:
Publish Date: 2006-12-01
Features: The book "Conflict and Balance—A New Perspective on Criminal Procedure Theory" is primarily focused on researching the fundamental theories of criminal procedure, divided into 22 topics:
Topic 1: The Origin of Criminal Procedure;
Topic 2: A New Exploration of the Legal Sources of Criminal Procedure;
Topic 3: A New Interpretation of the Relationship Between Criminal Law and Criminal Procedure Law;
Topic 4: A Review of Criminal Procedure Systems;
Topic 5: A Study of the Functions of Criminal Procedure;
Topic 6: An Analysis of Legal Relationships in Criminal Procedure;
Topic 7: The Concept of Interests in Criminal Procedure;
Topic 8: Crime Control and Human Rights Protection—On the Dual Purpose of Criminal Procedure;
Topic 9: A Discussion on Criminal Procedure Culture;
Topic 10: On the Authority of Justice and the Justice of Authority;
Topic 11: A Global Perspective on Criminal Procedure—General Trends in the Development and Changes of Criminal Procedure in Major Countries Around the World;
Topic 12: A Typological Examination of Criminal Justice Systems;
Topic 13: The Shift from Logical Rationality to Human Rationality—On the Practical Applicability of the Presumption of Innocence Principle in China;
Topic 14: On Procedural Justice and Punitive Effect;
Topic 15: Coercive Measures Within the Framework of Due Process;
Topic 16: A Legal Analysis of Criminal Investigative Power;
Topic 17: The Reconciliation of the Doctrine of Prosecutorial Discretion and the Doctrine of Mandatory Prosecution;
Topic 18: The Transformation of the Criminal Pre-Trial Review Procedure from a Comparative Law Perspective;
Topic 19: From Reality to the Future—Reform of the Death Penalty Review Procedure;
Topic 20: The Way Forward for China's Criminal Re-examination Procedure;
Topic 21: On the Introduction of the Theory of the Right to Accuse in Criminal Procedure;
Topic 22: On the Theoretical Foundations of Plea Bargaining.
The book concludes with a short essay titled "From Soccer Refereeing to Judicial Refereeing—A Reflection," originally published in China Lawyers in Issue 9 of 2002.