2022年10月，陈瑞华教授的英文专著Models of Criminal Procedure System（《刑事诉讼的制度模式》），由德国Springer出版集团出版。

 

该书分“制度”和“模式”两部分，前一部分讨论了刑事审判的类型、案卷移送制度的演变、案卷笔录中心主义、刑事程序失灵、对物之诉以及刑事辩护政府的演变等问题，分析了中国刑事诉讼制度发生的重大变革情况；后一部分运用模式分析方法，考察了合作性司法在我国的兴起，以及由此形成的公力合作、私力合作和合规激励等三种制度模式，并从模式分析的角度讨论了附带民事诉讼和非法证据排除规则。

 

该书从理论角度对我国刑事诉讼制度的发展做出了深入分析，介绍了中国学者在刑事诉讼模式研究上所作的理论贡献，对于海外读者客观了解中国刑事司法改革情况具有参考价值，对于海外研究者认真研究中国刑事诉讼理论具有推动作用。

 

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.

 

Author: Chen Ruihua, Peking University Law School, professor of law, doctoral supervisor, director of the Academic Committee of Law School of Peking University. 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.

 

(注：英文内容介绍及作者简介来自互联网：https://www.springer.com/cn)

 

 

Models of Criminal Procedure System

陈瑞华 著，Springer, 2022.