General Theory of Criminal Justice Procedures

Author: Xie Youping
Publisher:
Publish Date: 2003-12-01
Features: Criminal procedure is a professional activity involving important aspects such as democratic politics, freedom and equality, rights and obligations, and fundamental human rights, with extensive and profound theoretical foundations. The fairness of criminal justice procedures is closely related to the outcomes of criminal justice. Generally speaking, the elements of procedural justice include independence, equality, openness, power control, democracy, and scientificity. For a long time, the study of criminal procedure law in China has been troubled by some seemingly complex issues, such as: whether the judiciary should be independent, whether the prosecution and defense should be equal, whether the police and prosecution should be unified, whether judicial review should be implemented, whether suspects and defendants should have the right to silence, and whether illegal evidence should be excluded. If these issues are discussed only from a pragmatic perspective, it will be difficult to arrive at the correct answers. This book adopts the perspective of legal theory and philosophy to conduct a systematic study of major issues in criminal justice procedures, aiming to reveal their essence.