Workshop on. Development in Criminal Justice Policy and Research in China. Max Planck Institute for Foreign and International Criminal Law

Transcription

1 Workshop on Development in Criminal Justice Policy and Research in China 7 January 2015 Fürstenbergstraße 19, Freiburg

2 9:00 Welcome Address and Introduction Professor Dr. Dr. h.c. Hans-Jörg Albrecht 9:20 The Challenges of Implementation of Criminal Procedure Law Professor Dr. Liling Yue China University of Political Science and Law 9:50 Comment Professor Dr. Walter Perron University of Freiburg 10:00 The Challenges and Future of Criminal Defense in China Dr. Zhaofeng Wang DeHeng Law Offices 10:50 Comment Professor Dr. Jörg Arnold 11:10 Coffee Break 2

3 11:30 The Limitation of Exclusionary Rule in China Professor Dr. Hongyao Wu China University of Political Science and Law 12:00 Comment Dr. Michael Kilchling 12:10 Community Services in China Professor Dr. Bensen Li, S.J.D. China University of Political Science and Law 12:40 Comment Professor Dr. Dr. h.c. Hans-Jörg Albrecht 12:50 Final Discussion Chair: LOStA a.d. Werner Róth 3

4 BIOGRAPHICAL NOTES ON SPEAKERS Professor Dr. Dr. h.c. Hans-Jörg Albrecht Prof. Albrecht is a director at the, as well as an honorary professor and faculty member at the law faculty of the University of Freiburg. He is a guest professor at the Center for Criminal Law and Criminal Justice at the China University of Political Science and Law and at the law faculties of Hainan University, Ren Min University, Wuhan University, Beijing Normal University, and Dalian Ocean University. Prof. Albrecht's research interests span the breadth of modern legal and criminological discourse. His interests range from topics such as sentencing theory, juvenile crime and justice, illegal drug policy, and environmental and organized crime to evaluative research on the role of criminal justice in transitional legal systems. He has authored, co-authored, and edited numerous works, including volumes on sentencing, day-fines, recidivism, child abuse and neglect, drug policies, and victimization. Professor Dr. Liling Yue Prof. Yue is a law professor at the Center for Criminal Law and Criminal Justice at the China University of Political Science and Law (CUPL). She teaches law at CUPL and the China-EU School of Law (CESL). As a former Fulbright and Alexander von Humboldt Scholar, she has obtained very rich visiting and lecturing experience worldwide. She has delivered lectures in foreign universities and courts in Belgium, Germany, South Korea, Slovenia, South Africa, Switzerland, the United Kingdom, the United States, and Vietnam. Prof. Yue has led several research projects, such as the EU-China Comparative Research on Sentencing and the Effective Criminal Defense and Criminal Trial and Human Rights Protection. She has also participated in important legislative projects, such as the Chinese criminal procedure law reform. 4

5 Professor Dr. Walter Perron Prof. Perron is a law professor at the Institute for Criminal Law and Criminal Procedure at the University of Freiburg, and an external scientific member of the Max Planck Institute for Foreign and International Criminal Law. He has been invited to deliver lectures worldwide, including Italy, Luxembourg, Norway, Austria, Poland, Switzerland, Spain, Turkey, Argentina, Chile, Costa Rica, Colombia, Mexico, Peru, USA, Korea, Japan, and China. Prof. Perron s research interests range from German criminal law and criminal procedure, including topics such as economic crime and evidence in particular, through to comparative criminal law as well as European and international criminal procedural law. He has authored/co-authored numerous works and led/conducted many research projects in these fields. Dr. Zhaofeng Wang Dr. Wang is a partner at DeHeng Law Offices, one of the largest law firms in China with more than 1,300 employees. In 2013 he served as former top politician Bo Xilai s defense lawyer. Dr. Wang is also a guest professor at Ren Min University of China as well as the China University of Political Science and Law. He used to be a visiting scholar at the University of Cambridge in England and Cornell University in the USA. In addition, he has edited and written various books in the fields of civil law, commercial law, and criminal law. Professor Dr. Jörg Arnold Prof. Arnold is a research group leader at the Max Planck Institute for Foreign and International Criminal Law and an honorary professor at the University of Münster. Prof. Arnold s research interests include topics such as European criminal law and criminal defense, human rights protection, theories of enemy criminal law, transnational criminal law, and legal history. He has authored/co-authored numerous works and led/conducted many research projects in these fields. Prof. Arnold is a lawyer in Freiburg. He is also a board member of the RAV (Republikanischer Anwältinnen-und Anwälteverein e.v.), a national wide association of German attorneys. 5

6 Professor Dr. Hongyao Wu Prof. Wu is a law professor at China University of Political Science and Law (CUPL) as well as a full-time research fellow at Procedural Law Research Institute of CUPL, a key research institute of humanities and social science in China. Prof. Wu has also lectured at the China-EU School of Law (CESL). Prof. Wu s research interests focus on criminal procedure, evidence law and human rights protection. He has authored, co-authored, and edited numerous works in these fields. He is an executive chief editor of the Procedural Law Cases and associate chief editor of Procedural Law Review. Dr. Michael Kilchling Dr. Kilchling is a senior researcher at the Max Planck Institute for Foreign and International Criminal Law. Since 2006 he has been lecturing at the University of Freiburg. In addition, he was invited to lecture for master students at Macau University in 2011 and Dr. Kilchling s research interests include organized crime, terrorism, money laundering, financing of terrorism, confiscation of illegal proceeds, public prosecution, juvenile justice, penal sanctions and sanctioning systems, restorative justice (victim/offender mediation) and victimology. He has authored/co-authored numerous works and led/conducted many research projects in these fields. Dr. Kilchling is the chair of the European Forum for Restorative Justice. Professor Dr. Bensen Li, S.J.D. Prof. Li, a law professor at China University of Political Science and Law, obtained his doctor title from Ren Min University of China, Beijing and a S.J.D degree from Indiana University, Bloomington. From 1993 until 1996, he served in the Ministry of Justice of the People s Republic of China. Prof. Li s research interests range from topics such as community service, criminal control, and human rights protection in criminal procedure, through to lawyers' professional ethics and discipline. He has participated in the drafting and/or revision of several laws in the People s Republic of China, including the Law of the People's Republic of China on Lawyers and the Law on the Protection of Persons with Disabilities. 6

7 Directions to the Institute Airplane: Basel/Mulhouse Airport (France/Germany exit). Take the SBG AirBus (approx. 45 minutes) to Freiburg "Hauptbahnhof" (main train station). Alternatively, drive by car to the German border, then take the A5 Autobahn north to Freiburg. Car: Train: Autobahn A5. Exit "Freiburg-Mitte." Continue in the direction "Freiburg-Mitte." Turn off to the right onto "Günterstalstraße" in the direction of "Schauinsland." o To get to the MPI building Günterstalstraße 73: After driving roughly 1 km, you will see the building on the left-hand side of the street. This building houses the reception area. o To get to the MPI building Fürstenbergstraße 19: After driving roughly 1 km, turn left onto Türkenlouisstraße. After approx. 200 m, turn left again onto Fürstenbergstraße. After 80 m, the building is visible on the right-hand side. Take the IC, EC, or ICE to Freiburg "Hauptbahnhof" (main train station). From the main train station, take tram no. 3 (direction "Vauban") or no. 5 (direction "Rieselfeld") to the stop "Johanneskirche." There, change to tram no. 2 (direction "Günterstal") and get off at the second tram stop "Holbeinstraße." o To get to the MPI building Günterstalstraße 73, walk back roughly 100 m in the direction of the city center. The building is on the righthand side of the street. This building houses the reception area. o To get to the MPI building Fürstenbergstraße 19, walk another 200 m towards the city center before turning right onto Türkenlouisstraße. After approx. 200 m, turn left onto Fürstenbergstraße. After 80 m, the building is visible on the right-hand side. 7

8 Contact: Dr. Jing Lin Max Planck Institute for Foreign Günterstalstraße 73 and International Criminal Law Freiburg i.br. Center for Chinese Legal Studies