比较刑事诉讼

Research Handbooks in Comparative Law series

Edited by Jacqueline E. Ross, Professor of Law, University of Illinois, College of Law and Stephen C. Thaman, Professor, Saint Louis University, School of Law, US

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

‘Contemporary criminal procedure may be seen as a global garden in which myriad blossoms, with names like “lay judges”, “anticipatory bail” and “confession bargaining” have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.’
– Diane Marie Amann, University of Georgia, School of Law, US

‘This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.’
– James Q. Whitman, Yale University, US