This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure.

The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

About the Author

Author: Chen Ruihua, Peking University Law School, professor of law, doctoral supervisor, director of the Academic Committee of Law School of Peking University. He is also an executive director of the China Law Society and vice president of the China Procuratorate Society. He was awarded as one of the Top Ten Outstanding Young Jurists of the China Law Society and a Distinguished Professor under the Changjiang Scholar Award Program of the Ministry of Education. His research focuses on procedural law, evidence law, judicial system, and corporate compliance. He has authored many academic books, including The Original Theory of Criminal Trial, The Jurisprudence of Criminal Procedure, The Criminal Procedure Law, The Theory of Procedural Justice, The Theory of Procedural Sanctions, The Criminal Evidence Law , The Concept of Criminal Defense, The Art of Criminal Defense, and The Basic Theory of Corporate Compliance.

Translator: Gao Yong, associate professor, Beijing International Studies University. Her main research interests are Criminal Procedural Law, Evidence law and judicial system.

"About this title" may belong to another edition of this title.

Store Description

We carry a comprehensive range of out of print and rare books.

Visit Seller's Storefront

Seller's business information

Kennys Bookshops and Art Galleries Limited
Liosban Industrial Estate, Tuam Road, Galway, GY, Ireland

Sale & Shipping Terms

Terms of Sale

We guarantee the condition of every book as it's described on the Abebooks websites.

If you're dissatisfied with your purchase (Incorrect Book/Not as Described/Damaged) or if the order hasn't arrived, you're eligible for a refund within 30 days of the estimated delivery date.

For any queries please use the contact seller link or send an email to books@kennys.ie

Conor Kenny

Right of cancellation

If you are a consumer you can cancel the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

INFORMATION REGARDING THE RIGHT OF CANCELLATION

Statutory Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the the last good or the last lot or piece.

To exercise the right to cancel, you must inform us, Kennys Bookstore, The Museum at Tall Timbers, 2707 Olney - Sandy Spring Road, 20832, Olney, Maryland, U.S.A., +353 91709350, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. You can also electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel with contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us or Kennys Bookstore, The Museum at Tall Timbers, 2707 Olney - Sandy Spring Road, 20853, Olney, Maryland, U.S.A., +353 91709350, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of cancellation

The right of cancellation does not apply to:

the delivery of newspapers, journals or magazines with the exception of subscription contracts; and
the supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To: (Kennys Bookstore, The Museum at Tall Timbers, 2707 Olney - Sandy Spring Road, 20832, Olney, Maryland, U.S.A., +353 91709350)

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

* Delete as appropriate.

Shipping Terms

All books securely packaged. Some books ship from Ireland.

Shipping rates within U.S.A.

Shipping rates within U.S.A.
Order quantity	14 to 20 business days	13 to 14 business days
First item	� 7.81	� 15.63

Delivery times are set by sellers and vary by carrier and location. Orders passing through Customs may face delays and buyers are responsible for any associated duties or fees. Sellers may contact you regarding additional charges to cover any increased costs to ship your items.