{"title":"检察官和辩护律师对中国新审判豁免制度挑战的看法","authors":"Lening Zhang, Ming Hu","doi":"10.1007/s11417-021-09359-y","DOIUrl":null,"url":null,"abstract":"<div><p>Recently, Chinese government implemented and tested a trial waiver system in 18 large cities during 2016–2018. Using data collected from surveys of prosecutors and defense lawyers in one of the cities, the present study examines the main challenges in the implementation by comparing prosecutor and defense lawyer views. The main issues examined include the legal scope of trial waivers, the lawyer and victim roles in trial waivers, and the risk of corruption and power abuse. The findings indicate that lawyer respondents significantly differed from prosecutor respondents in their views on the issues. Defense lawyers were more likely to adopt a liberal stance and took a critical attitude toward the issues than prosecutors were. Their characteristic responses may well reside in their legal statuses and related interests in the Chinese legal context.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 2","pages":"175 - 191"},"PeriodicalIF":1.8000,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-021-09359-y.pdf","citationCount":"1","resultStr":"{\"title\":\"Prosecutors’ and Defense Lawyers’ Views on the Challenges to a New Trial Waiver System in China\",\"authors\":\"Lening Zhang, Ming Hu\",\"doi\":\"10.1007/s11417-021-09359-y\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>Recently, Chinese government implemented and tested a trial waiver system in 18 large cities during 2016–2018. Using data collected from surveys of prosecutors and defense lawyers in one of the cities, the present study examines the main challenges in the implementation by comparing prosecutor and defense lawyer views. The main issues examined include the legal scope of trial waivers, the lawyer and victim roles in trial waivers, and the risk of corruption and power abuse. The findings indicate that lawyer respondents significantly differed from prosecutor respondents in their views on the issues. Defense lawyers were more likely to adopt a liberal stance and took a critical attitude toward the issues than prosecutors were. Their characteristic responses may well reside in their legal statuses and related interests in the Chinese legal context.</p></div>\",\"PeriodicalId\":45526,\"journal\":{\"name\":\"Asian Journal of Criminology\",\"volume\":\"17 2\",\"pages\":\"175 - 191\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2021-12-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://link.springer.com/content/pdf/10.1007/s11417-021-09359-y.pdf\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Criminology\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://link.springer.com/article/10.1007/s11417-021-09359-y\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Criminology","FirstCategoryId":"90","ListUrlMain":"https://link.springer.com/article/10.1007/s11417-021-09359-y","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Prosecutors’ and Defense Lawyers’ Views on the Challenges to a New Trial Waiver System in China
Recently, Chinese government implemented and tested a trial waiver system in 18 large cities during 2016–2018. Using data collected from surveys of prosecutors and defense lawyers in one of the cities, the present study examines the main challenges in the implementation by comparing prosecutor and defense lawyer views. The main issues examined include the legal scope of trial waivers, the lawyer and victim roles in trial waivers, and the risk of corruption and power abuse. The findings indicate that lawyer respondents significantly differed from prosecutor respondents in their views on the issues. Defense lawyers were more likely to adopt a liberal stance and took a critical attitude toward the issues than prosecutors were. Their characteristic responses may well reside in their legal statuses and related interests in the Chinese legal context.
期刊介绍：
Electronic submission now possible! Please see the Instructions for Authors. For general information about this new journal please contact the publisher at [welmoed.spahr@springer.com] The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention, and to promote comparative studies about crime and criminal justice. The Journal provides a platform for criminologists, policymakers, and practitioners and welcomes manuscripts relating to crime, crime prevention, criminal law, medico-legal topics and the administration of criminal justice in Asian countries. The Journal especially encourages theoretical and methodological papers with an emphasis on evidence-based, empirical research addressing crime in Asian contexts. It seeks to publish research arising from a broad variety of methodological traditions, including quantitative, qualitative, historical, and comparative methods. The Journal fosters a multi-disciplinary focus and welcomes manuscripts from a variety of disciplines, including criminology, criminal justice, law, sociology, psychology, forensic science, social work, urban studies, history, and geography.
求助内容：
应助结果提醒方式：
京公网安备 11010802042870号
