What Theory of Right of Defense is and How to Perfect It
In criminal proceedings, there are three fundamental litigation functions, including trial, prosecution and defense which are performed by the court, the procuratorial organ and the defendant, respectively, and none of them is allowed to carry out more th
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Reform and Development of Powers and Functions of China’s Criminal Proceedings
Reform and Development of Powers and Functions of China’s Criminal Proceedings
Weidong Chen
Reform and Development of Powers and Functions of China’s Criminal Proceedings
Weidong Chen School of Law Renmin University of China Beijing, China
ISBN 978-981-15-8430-5 ISBN 978-981-15-8431-2 (eBook) https://doi.org/10.1007/978-981-15-8431-2 Jointly published with China Renmin University Press The print edition is not for sale in China (Mainland). Customers from China (Mainland) please order the print book from: China Renmin University Press. © China Renmin University Press 2021 This work is subject to copyright. All rights are reserved by the Publishers, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publishers, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publishers nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publishers remain neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Preface
The criminal procedure is process that criminal actions go on. Chief parties during the actions include judicial organs handling cases, suspects who may be investigated for criminal responsibility, defendants, and other litigation participants. In the process of investigating criminal responsibility of criminal suspects and defendants by the police and judicial organs, they exercise the state power, while suspects and defendants exercise personal rights. The police and judicial organs must exercise power to investigate criminal responsibility of criminal suspect and defendant in accordance with the legal procedure, meanwhile suspects, defendants, and their entrusted defenders must exercise their litigation rights in the light of procedure to safeguard their lawful rights and interests. Here, the power and rights are intertwined and even conflicting, which demonstrates obvious features of the criminal procedure, and it also symbolizes the civilization
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