International Symposium on Challenges of Criminal Trials Max Planck Institute for Foreign and International Criminal Law 11 July 2017 Fürstenbergstraße 19, Freiburg/Germany
9:00 Welcome Address and Introduction Professor Dr. Dr. h.c. mult. Hans-Jörg Albrecht Max Planck Institute for Foreign and International Criminal Law 9:20 Exclusionary Rules Professor Dr. Sabine Gless University of Basel 9:50 Rethinking Chinese Evidence Theories and Reconstructing the System of Evidence Professor Dr. Baosheng Zhang China University of Political Science and Law 10:20 Coffee Break 10:50 Secrecy in Terrorism Proceedings Dr. Marc Engelhart Max Planck Institute for Foreign and International Criminal Law 11:20 Challenges of Criminal Trials Professor Dr. Liling Yue China University of Political Science and Law 11:50 Towards Judicial Transparency in China: The New Public Access Database for Court Decisions Professor Dr. Björn Ahl University of Cologne 2
12:20 Lunch Break 14:00 Rethinking Yinzheng (Corroboration) Professor Dr. Zongzhi Long Sichuan University 14:30 Choice of Procedure, Victim Participation, and Victim Compensation in German Criminal Procedure Professor Dr. Georg Gesk Osnabrück University 15:00 Reflection on the Procedure of Cross-examination on the Statement of a Victim in Court Prof. Dr. Shanshan Zhao China University of Political Science and Law 15:30 Coffee Break 16:00 Strengthening the Position of Victims of Crimes in Taiwan Assistant Prof. Dr. Meng-Chi Lien National Tsing Hua University 16:30 The Crisis of Judicial Credibility and the Reform of Jury System in China Assistant Prof. Dr. He Huang China University of Political Science and Law 17:00 End of Conference 3
BIOGRAPHICAL NOTES ON SPEAKERS (in alphabetical order) Professor Dr. Björn Ahl Prof. Ahl is Professor and Chair of Chinese Legal Culture at the Institute of East Asian Studies of Cologne University. His main areas of research include Chinese and comparative public law, Chinese practice of public international law, judicial reforms, legal culture and legal transfer. He studied law and Chinese language at Heidelberg University and Nanjing University. He held positions at the Max Planck Institute of Comparative Public Law and International Law in Heidelberg, the Sino German Institute of Legal Studies at Nanjing University, the City University of Hong Kong and the China EU School of Law at the China University of Political Science and Law in Beijing. Professor Dr. Dr. h.c. mult. Hans-Jörg Albrecht Prof. Albrecht is a director at the Max Planck Institute for Foreign and International Criminal Law in Freiburg/Germany, 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. Dr. Marc Engelhart Dr. Engelhart is head of a Max Planck Research Group on The Architecture of Public Security Regulation. He was a visiting scholar at the Institute of Criminology (University of Cambridge) and the Centre for Criminology (University of Oxford). His doctoral thesis was published under the title Sanktionierung von Unternehmen und Compliance (Responsibility and Sanctioning of Corporations: The Role of Compliance Measures) for which he was distinguished with the Otto Hahn Medal and the Otto Hahn Award in 2011 and honored with the prize of the Wirtschaftsstrafrechtliche Vereinigung (a German economic criminal law association) in 2012. Dr. Engelhart is also an independent lawyer in Freiburg. 4
Professor Dr. Georg Michael Gesk Prof. Gesk is a chaired professor of Chinese Law at the University of Osnabrück. He was the first Westerner to obtain a Bachelor of Laws at the National Taiwan University. Due to his outstanding academic performance, he was subsequently admitted to the doctoral program after completion of the master program. He later lectured on criminal law and criminal procedure law at Hsuan Chuang University, where he served as the director of the law school for six years. He engages in lectures and courses at institutions like the Chinese People s Public Security University or the Chinese University of Politics and Law. He currently holds the position of adjunct professor at Guizhou Nationalities University, National Taiwan University, and National University of Kaohsiung. Prof. Gesk s research interests focus on Chinese law and legal policy; he has been involved in a cross-cultural research project on corruption and corruption prevention, combining aspects of material and procedural criminal law with preventive policies in administrative institutions and compliance regimes in economic entities. Professor Dr. Sabine Gless Prof. Gless is a professor for criminal law and criminal procedural law at the University of Basel. Her research interests focus on international criminal law, in particular on legal aid and European criminal law, and on the particular importance of general principles and human rights in cross-border criminal prosecution. Prof. Gless is a member of editorial boards of various journals in Switzerland and abroad. She was a senior researcher and head of research section for Europe at the Max Planck Institute for Foreign and International Criminal Law. Since 2016, she has been a member of the expert commission of the German Research Foundation (DFG) as well as a member of the national research council of the Swiss National Science Foundation (SNF). Assistant Prof. Dr. He Huang Prof. Huang is an assistant professor at the College of Comparative Law at the China University of Political Science and Law (CUPL). He holds a master's degree from the China University of Political Science and Law, Beijing and a master's degree (LL.M.) from the Ruhr University Bochum, Germany. After his master studies, he researched as PhD Candidate at Ruhr University Bochum and achieved the doctor title at 2015. His research areas include criminal law, criminal procedural law and criminology. 5
Assistant Professor Dr. Meng-Chi Lien Prof. Lien is an assistant professor at Institute of Law for Science and Technology at National Tsing Hua University in Taiwan (NTHU). She teaches criminal law, criminal procedure law and seminars on covert investigation methods and criminal law. She got her PhD from the International Max Planck Research School on Retaliation, Mediation and Punishment (IMPRS REMEP), where she received a four-year full scholarship from the Max Planck Society. Before joining the NTHU, she worked as a research fellow and later as senior researcher at the Max Planck Institute for Foreign and International Criminal Law in Freiburg, Germany. Prof. Lien has been actively engaged in researches regarding judicial reform issues in Taiwan. She is a member of Policy Advisory Group at Taiwanese Ministry of Justice and also an expert consultant for the Judicial Yuan. Her research interests include restorative justice, crime victims rights, comparative criminal procedures and cybercrime. Professor Dr. Zongzhi Long Prof. Long is a professor at Law School of Sichuan University and director of the Law Institute. He served previously as former president of the Southwest University of Political Science and Law. He is the standing director of the China Law Society, the special invited expert consultant of the Supreme People s Court and the Supreme People s Procuratorate, the vice president of the Association of China Procuratorial Science, the vice president of the Association of China Criminal Procedural Law and a Council Member of the International Association of Evidence Science. Prof. Long s main research areas include criminal procedural law, judicial systems and evidence law. He has published a series of influential research papers in these areas. Professor Dr. Liling Yue Prof. Yue is a law professor at the Criminal Justice College of 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, Vietnam, etc. 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. 6
Professor Dr. Baosheng Zhang Prof. Zhang is a law professor and former vice president at China University of Political Science and Law (CUPL), Beijing. He is director of Key Laboratory of Evidence Science (CUPL),Ministry of Education of China and co-director of the Collaborative Innovation Center of Judicial Civilization, Ministry of Education and Ministry of Finance, China. He received his Ph.D. in Law at Renmin University of China. He is a nationally recognized expert in the fields of evidence law, criminal procedural law and philosophy of law. Prof. Zhang has published ten books and over thirty articles in major law journals. He has been quoted in legal journals and national newspapers many times on matters ranging from litigation to evidence law to criminal justice. Professor Dr. Shanshan Zhao Prof. Zhao is a law professor and a vice director of the Criminal Procedural Law Institute at the China University of Political Science and Law (CUPL). She holds a master's degree from the China University of Political Science and Law, Beijing and a master's degree (LL.M.) from the Ludwig- Maximilian University of Munich, Germany. After her PhD study at the CUPL, she worked as a postdoctoral researcher at the Renmen University, Beijing. Her research interests focus on topics regarding criminal procedure such as prohibition of torture, regulation on witnesses and wrongful convictions, etc. 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. 8
Contact: Dr. Jing Lin Max Planck Institute for Foreign Günterstalstraße 73 and International Criminal Law 79100 Freiburg i.br. Center for Chinese Legal Studies j.lin@mpicc.de