Law

Models of Criminal Procedure System

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.

Table of Contents

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
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