解讀中國(guó)刑事訴訟法

內(nèi)容概要

In the eyes of the majority of westerners, china's criminal
procedure is full of torture,menace, enticement and other types of
inhuman methods. this is understandable because they got
information about china's criminal procedure primarily from the
media, the job of which is to attract the public's attention, or
from scholars' articles, papers and books that focus on china's
ancient legal system, or police practice at or before the "great
culture revolution", and thus gives them an uninformed conception
of china's criminal procedure that is limited in informal areas or
ancient times. many times, our focus is distracted by inadequate,
and biased information, and thus hampers us from seeking the
truth.
this book is to give a concise but comprehensive introduction of
chinese criminal procedure to people who do not know chinese
language but are interested in learning about chinese law. in order
to make the introduction easily accessible, this book discusses
problems which are commonly examined and debated by western
scholars in a way that western legal scholars are familiar with.
since a significant amount of western criminal procedure
lawsconcerns citizens' constitutional rights, this book focuses on
the protections of citizens'constitutional rights in the context of
criminal procedure.
In particular, this book seeks to address the following questions:
in what extent does the contemporary chinese criminal procedure law
protects citizens' houses, privacy and personal freedom? does the
suspect have the right to remain silent when being
interrogated?shall the defendant be presumed innocent when facing a
criminal charge? in what extent does a defendant have the right to
a fair trial? these questions will be addressed in turn in this
book, providing detailed analysis and explanations for each of the
issues identified.

作者簡(jiǎn)介

YI Yanyou is an Associate Professor and the Director of the
Evidence Law Research Center, School of Law, Tsinghua University.
In addition to working in the Law Department, he holds the position
of Deputy Chief Procurator of the People's Procuratorate of Yanqing
County. YI teaches and researches in the area of criminal procedure
law, evidence law, and judicial system. He is the author of Chinese
Criminal Procedure and Chinese Society, Peking University Press,
September 2010; The System and Spirit of Evidence Law-With Special
Reference to Anglo- American Law, Peking University Press, June
2010; Law of Criminal Procedure, Law Press, third edition 2008,
first edition 2003; Jury Trial and the Adversary System, Taibei,
Sanming Bookstore, November 2004; On the Right to Remain Silent,
China University of Politics and Law Press, AuguSt 200I. Yi's
publications also include more than 30 scholarly articles and
essays published in law reviews and journals including Tsinghua
China Law Review, Punishment and Society: The InternationalJournal
of Penology, Social Science in China, Chinese Journal of Law,
Tribune of Political Science and Law, Journal of Comparative Law,
and Peking University Law Journal, etc.

書(shū)籍目錄

Part Ⅰ An Overview of China's Criminal Procedure
Chapter 1 Introduction to China's Criminal Procedure
I. THE RELATIONSHIP OF CRIMINAL LAWTO CRIMINAL PROCEDURE
A. Criminal Law and Criminal Procedure
B. Deftnition of Crime and the Tri-Level Punishment System
C. Types of Criminal Procedure and Focuses of This Book
Ⅱ. SOURCES OF CHINA'S CRIMINAL PROCEDURE
A. The Constitution
B. The Criminal Procedure Law
C. The Lawyer's Law
D. Other Statutes
E. Authorized Legal Interpretations
F. Informal Sources
Ⅲ. STAGES AND INSTITUTIONS OF CHINA'S CR1MINAL PROCEDURE
A. Filing a Case and Dividends among State authorities
B. Investigation
C. Examination for ProsecutionO. Trial
E. Execution
Part Ⅱ Restrictions Upon Law Enforcements
Chapter 2 Searches and Seizure
INTRODUCTION
I. PROCEDURE OF SEARCHES AND SEIZURE
A. Nature and Process of the Criminal Search
B. Inquest and Examination
C. Seizure of Articles, Documents, Mails and Telegrams, and
Treasures
D. Wiretapping and Interception
Ⅱ. WARRANT REQU1REMENTAND THE PROBABLE CAUSE ISSUE
A. Warrant Requirement
B. Probable Cause Requirement
Ⅲ. THE EXCLUSIONARY RULES
A. Origins of the Exclusionary Rules
B. Models of Exclusionary Rules
C. Rationale of the Exclusionary Rules
D. Exclusionary Rules in China
E. Understanding China's Exclusionary Rules
F. Future of China's Search and Seizure Process
Chapter 3 Compulsory Measures
INTRODUCON
Ⅰ. COMPULSORY MEASURES IN GERNERAL
A. Notion and Functions of Compulsory Measures
B. Forms and Categories of Compulsory Measures
C. The Structure of China's Compulsory Measures
Ⅱ. PROVISIONAL COMPULSORY MEASURES
A. Criminal Detention
B. Stop for Further Interrogation
C. Forced Summon
D. Seizure and Delivery
Ⅲ. ARRESTAS PRETRIAL DETENTION AND ITS SUBSTITUTE
A. Time Periods of Arrests
……
Part Ⅲ The Judiciary Process

章節(jié)摘錄

版權(quán)頁(yè)：The Criminal Procedure Law does not require a witness tOtestify at a people's court.Although Article 47 of the CriminalProcedure Law says that"the testimony of the witness may beusedasabasisindecidingacaseonlyafterithasbeenquestionedand cross-examined in the courtroom by both sides”，the term“question”and“cross-examination”iS not the term used inAnglo-American legal system.Instead，the terms"question'’and“cross-examination"mean that the opposite parties shaⅡhave theopportunity to check or examine both the written statement of awitness and the oral statement that the witness presents in thecourtToom.  This meaning becomes clear when it is related to Article 157 ofthe Criminal Procedure Law.Article 157 states that“the records oftesthnonyofwitnesseswhoarenotpresentincourt"shaⅡbe"readout in court"and that''the judges shall hear the opinions of thepublic prosecutor，the parties，the defenders and the agentsad Iitem'’.Accordingto this provision，the term"zhizhen4'in Article47 has two meanings.In cases that the witness presents histestimony in court，the parties shall have an opportunity tocross-examine him.In cases that a witness does not testify in thecourtroom，the record of his testimony shall be shown to theparties and the parties shall have an opportunity to express their.

編輯推薦

《解讀中國(guó)刑事訴訟法(英文版)》是清華中國(guó)法系列教材之一。

圖書(shū)封面

評(píng)論、評(píng)分、閱讀與下載

---

    解讀中國(guó)刑事訴訟法 PDF格式下載

---