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Understanding China's Criminal Procedure(Tsinghua Chinese Law Series)

Understanding China's Criminal Procedure(Tsinghua Chinese Law Series)

定 价:¥58.00

作 者: 易延友 著
出版社: 清华大学出版社
丛编项:
标 签: 刑事诉讼法

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ISBN: 9787302262145 出版时间: 2011-08-01 包装: 平装
开本: 16开 页数: 342 字数:  

内容简介

  In the eyes of the majority of westerners, china's criminalprocedure is full of torture,menace, enticement and other types ofinhuman methods. this is understandable because they gotinformation about china's criminal procedure primarily from themedia, the job of which is to attract the public's attention, orfrom scholars' articles, papers and books that focus on china'sancient legal system, or police practice at or before the \greatculture revolution\, and thus gives them an uninformed conceptionof china's criminal procedure that is limited in informal areas orancient times. many times, our focus is distracted by inadequate,and biased information, and thus hampers us from seeking thetruth.this book is to give a concise but comprehensive introduction ofchinese criminal procedure to people who do not know chineselanguage but are interested in learning about chinese law. in orderto make the introduction easily accessible, this book discussesproblems which are commonly examined and debated by westernscholars in a way that western legal scholars are familiar with.since a significant amount of western criminal procedurelawsconcerns citizens' constitutional rights, this book focuses onthe protections of citizens'constitutional rights in the context ofcriminal procedure.In particular, this book seeks to address the following questions:in what extent does the contemporary chinese criminal procedure lawprotects citizens' houses, privacy and personal freedom? does thesuspect have the right to remain silent when beinginterrogated?shall the defendant be presumed innocent when facing acriminal charge? in what extent does a defendant have the right toa fair trial? these questions will be addressed in turn in thisbook, providing detailed analysis and explanations for each of theissues identified.

作者简介

  YI Yanyou is an Associate Professor and the Director of theEvidence Law Research Center, School of Law, Tsinghua University.In addition to working in the Law Department, he holds the positionof Deputy Chief Procurator of the People's Procuratorate of YanqingCounty. YI teaches and researches in the area of criminal procedurelaw, evidence law, and judicial system. He is the author of ChineseCriminal Procedure and Chinese Society, Peking University Press,September 2010; The System and Spirit of Evidence Law-With SpecialReference to Anglo- American Law, Peking University Press, June2010; 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'spublications also include more than 30 scholarly articles andessays published in law reviews and journals including TsinghuaChina Law Review, Punishment and Society: The InternationalJournalof 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.

图书目录

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. ExecutionPart 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, andTreasures
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 ProcessChapter 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

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