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Models of Criminal Procedure System

Models of Criminal Procedure System

Name: Models of Criminal Procedure System
Brand: Springer-Verlag
SKU: 9789811936500
Price: 1728.00 HKD
Availability: InStock
Author: Ruihua Chen
ISBN: 9789811936500

By Ruihua Chen

Springer-Verlag October 2022

Specifications

ISBN-13: 9789811936500
Publisher: Springer-Verlag
Publication: October 2022
Format: Hardback
Jurisdiction: Singapore ? Countri(es) for reference only

Details

This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure.

On Negotiated Procedural Justice

The Adversarial Justice and the Cooperative Justice

Primary Research on the Criminal Action in Rem

The Rise of Sentencing Negotiation System in China

The Compliance Incentive Model of Criminal Procedure

On the Private Cooperation Model in Criminal Proceedings

Chinese Model of the Exclusionary Rule

A Preliminary Research on Failure of Criminal Procedure

Three Models of the Incidental Civil Action

On the Theory of Coordinating Defense

Retrospect and Prospect of Criminal Defense System in the Past Forty Years

Three Forms of Criminal Trial