ISBN:10 bit[7503678127]13 bit[9787503678127]
Publisher: Law Press
Release date: 2008-1-1
Pricing: ￥45.00 The study of causality in this book is still in its infancy, and the mastery of research methods needs further exploration. If researchers want to truly achieve a leap in thinking, they cannot be satisfied with the simple and specific analysis of "one cause and one effect," "one cause and multiple effects," "multiple causes and one effect," or "multiple causes and multiple effects." Instead, they should try their best to find out Only those variable factors with theoretical radiation power can provide a more general explanation for the occurrence of a series of problems. For example, in the failure analysis of criminal procedure law, if a "theoretical clue" can be found that can explain various procedural circumvention problems, and the causal relationship between the procedural circumvention problem and this theoretical clue can be fully explained, then the so-called "causal law" "It is not difficult to deduce that the researcher's theoretical contribution is accordingly established.
The above is the author’s summary of legal research methods and a summary of the research context of this book. It took three years to write this book, and the essence of almost all chapters has been published in magazines such as "Legal Studies", "Chinese Law", and "Political and Legal Forum", and has achieved satisfactory citation results. When the book was published, the author revised, adjusted and supplemented each chapter, more than doubling the length of many articles, which not only strengthened the theoretical argument, but also added many necessary arguments and empirical materials. This series of books is jointly published by the China Law Society and the Law Press * * *, and presents the latest research results of dozens of outstanding young and middle-aged jurists selected since the 1990s. Research records.
It’s all about creativity.
This book introduces the general methods of social science, analyzes the model of China's criminal procedure system, and proposes some model concepts aimed at revealing the characteristics of China's criminal procedure. This book is not limited to discussing the pros and cons of legal provisions, but is based on an objective explanation of the existence and causes of the problem. It pays as much attention as possible to the "implementation" of the Criminal Procedure Law and uses "laws in society" rather than "laws in books". "Law" as the research object; this book is not satisfied with the technical description of various litigation issues, but attempts to reveal the deep structural factors hidden behind the system through a series of complex facts and phenomena, and try to integrate these factors as much as possible Upgrade to concepts and theories.
Compiler
Any pioneering legal research should have two basic characteristics: first, keenly discover China's legal experience, and conduct an in-depth summary and analysis of this experience. Generalization; secondly, on the basis of summarizing China's legal experience, general concepts and theories are put forward, thereby convincingly demonstrating the universal applicability of this experience. It is a "thrilling leap" from empirical facts, problems and Chinese experience to the presentation of basic concepts and theories, and is also the highest state of social science research.
Chen Ruihua’s Thrilling Leap (Foreword)
The first chapter is the private cooperation model in criminal proceedings.
1. Introduction
2. Three models of criminal reconciliation system
Third, the realistic interest basis of criminal reconciliation
Chapter 4. The challenge of criminal reconciliation to traditional criminal procedure theory
The future of verb (abbreviation of verb) criminal reconciliation system
Chapter 2 is about confrontation and cooperation in the judicial process - criminal New discussion on litigation model.
First, the issues raised
Second, Parker and Griffith’s litigation model theory
Third, adversarial justice and its limitations
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Four. Minimum cooperation model
Verb (abbreviation of verb) negotiated public cooperation model
6. Private cooperation model
7. A new cooperative judicial philosophy
Chapter 3: Record-centrism (1) - Research on the first-instance criminal litigation model.
1. Introduction
The second is the formation of the "post-court transfer system"
Third, court investigation is centered on case records
4. Natural “presumption” of record admissibility.
5. The probative power of priority acceptance of case record transcripts
6. The survival space of the Criminal Evidence Law
7.
Ritualization, theater effect and court trial function
8. Conclusion
Chapter 4 Record Centrism (2) - Research on the Criminal Second Instance Procedure Model
1. Introduction
Second, the "two issues" in the second instance procedure "Step-by-step structure"
Third, the "investigation and interrogation" procedure centered on case records
Fourth, presumption rules in non-trial procedures
Five , transcripts in court proceedings.
Sixth, the myth of "fact review"
7. "Second trial movement" in death penalty cases
8. Further comments
Chapter 5: Active Exploratoryism of Substantial Reality—Models and Reflections on the Death Penalty Review Procedure
First, the Questions Raised
2. Death Penalty Six Procedural Requirements for Review
......
Chapter 6: Who will defend and who will listen? -The issue of rights relief in criminal pretrial proceedings
Chapter 7 The Utopia of "Objective Prosecution" - Another explanation for the reasons for "difficulty in marking"
Chapter 8 Criminal Preliminary study of litigation failure