China | Penalmente Relevant

The Strategic Choice of Criminal Legislation of Anti-bribery in the Transition Countries – Comparison of Criminal Legislations of Bribery between China and Hungary and Reference for China

Drept penal comparat, Drept penal. Partea specială, Infracțiuni de corupție

Autor: Changdong WEI

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: Both China and Hungary are in the course of economic transition and have the characteristics of commonality and comparability in corruption. Under the framework of the fundamental policy of cracking down the crime of corruption, the criminal legislations of anti bribery display many differences between China and Hungary, which reflects the different ideas of anti bribery in criminal law. Unlike the aggressive strategy with expanding the criminal legislation to the front preventive area of anticorruption adopted by Hungary, the criminal legislation of anticorruption in China is [vezi tot]

Vizualizări 118

A discussion on the provisions of the exclusionary rule against illegally obtained evidence in China’s criminal procedure law

Excluderea probelor, Cameră preliminară, Drept procesual penal

Autor: Ye QUING

Publicat în: Journal Of Eastern European Criminal Law no. 2/2015

Revistă disponibilă: aici.

Abstract: On March 14, 2012, the exclusionary rule against illegally obtained evidence was incorporated for the first time into the Criminal Procedure Law of the People’s Republic of China, marking the establishment of an important criminal evidence rule in the Chinese legal system that guarantees judicial impartiality and respects human rights. However, the practical effect of the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Case coming into force in 2010 has exhorted us to reconsider this evidence rule in a more [vezi tot]

Vizualizări 101

How to guarantee the reliability of expert testimony – reality in China

Probele, mijloacele de probe și procedeele probatorii, Expertiza criminalistică, Drept procesual penal

Autor: Cheng YAN

Publicat în: Journal Of Eastern European Criminal Law no. 2/2018

Revistă disponibilă: aici.

Abstract: High technology plays an increasingly important role in criminal lawsuits, however, the hightech information must be presented in front of the judge who normally is a layman. As a consequence, the expert could exert so great influence on court that whose knowledge must be presented in an understandable way. Or, otherwise the expert instead of the judge would be the master of the court. In China, the implementation of the new Criminal Procedure Law fails to improve the present situation of an extremely low expert’s court appearance [vezi tot]

Vizualizări 113

On the Specialization of Criminal Procedure of Duty Crime in China

Infracțiuni de serviciu, Drept penal. Partea specială, Drept procesual penal

Autor: Chen HAIFENG, Luo XUGANG

Publicat în: Journal Of Eastern European Criminal Law no. 2/2019

Revistă disponibilă: aici.

Abstract: The unique content of the criminal procedure of duty crimes in China is constituted by the personal coercive measures, the use of audio and video recordings, the lawyer’s defense, the internal supervision and the legal supervision of the procuratorial organ in investigating duty crimes, as well as the procuratorial organ’s discretion of public prosecution, trial by default, which distinguishes from that of ordinary crimes. There are many disputes about the specialization of procedure of duty crimes in China, such as the imbalance of rights [vezi tot]

Vizualizări 121

Legal Thinking for The Lenient System for Admission of Guilt and Acceptance of Punishment in China: From the Perspective of the Accused’s Right to Repent

Drept procesual penal, Recunoașterea învinuirii

Autor: Wang ENHAI

Publicat în: Journal Of Eastern European Criminal Law no. 2/2019

Revistă disponibilă: aici.

Abstract: The accused has the right to repent in application of the Lenient System for Admission of Guilt and Acceptance of Punishment. The procuratorial organs and courts do not need to separately examine the reasons for repentance, but these reasons can be used as basis for convicting and sentencing. The problem issue is an eternal theme—fairness and efficiency. The author holds that the Lenient System for Admission of Guilt and Acceptance of Punishment does not apply to cases of statutory sentence for life imprisonment or death penalty. [vezi tot]

Vizualizări 96

Cybersecurity Obligations of ICT Companies in P. R. China

Drept penal. Partea specială, Criminalitate informatică

Autor: Shenkuo WU

Publicat în: Journal Of Eastern European Criminal Law no. 1/2019

Revistă disponibilă: aici.

Abstract: With the fast development of new generation of ICT technologies, the entire Chinese community is in front of numerous opportunities and, at the same time, is also forced to face various risks. Under this emerging perspective, among others, the issue of cybersecurity obligations of ICT companies in China is becoming much more relevant and the undergoing debates on this can deeply help to understand better the real logic and approach of the actual Chinese cyber governance. In fact, as an important characteristic, the current numerous Chinese [vezi tot]

Vizualizări 102

Căutare avansată

The Strategic Choice of Criminal Legislation of Anti-bribery in the Transition Countries – Comparison of Criminal Legislations of Bribery between China and Hungary and Reference for China

A discussion on the provisions of the exclusionary rule against illegally obtained evidence in China’s criminal procedure law

How to guarantee the reliability of expert testimony – reality in China

On the Specialization of Criminal Procedure of Duty Crime in China

Legal Thinking for The Lenient System for Admission of Guilt and Acceptance of Punishment in China: From the Perspective of the Accused’s Right to Repent

Cybersecurity Obligations of ICT Companies in P. R. China