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ÍâÎÄÊéÃû: UndersTsinghua Chinese Law Series:tanding China''s Criminal Procedure

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ISBN: 7302262144, 9787302262145

ÌõÐÎÂë: 9787302262145

³ß´ç: 23.6 x 16.8 x 2.2 cm

ÖØÁ¿: 599 g

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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.

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¡¶½â¶ÁÖйúÐÌÊÂËßËÏ·¨(Ó¢ÎÄ°æ)¡·Á˽²ÊöÁË£ºIn 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.

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Part ¢ñ 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

¢ò. 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

¢ó. 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 ¢ò 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

¢ò. WARRANT REQU1REMENTAND THE PROBABLE CAUSE ISSUE

A. Warrant Requirement

B. Probable Cause Requirement

¢ó. 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

¢ñ. 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

¢ò. PROVISIONAL COMPULSORY MEASURES

A. Criminal Detention

B. Stop for Further Interrogation

C. Forced Summon

D. Seizure and Delivery

¢ó. ARRESTAS PRETRIAL DETENTION AND ITS SUBSTITUTE

A. Time Periods of Arrests

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Part ¢ó The Judiciary Process