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The Sino-Japanese Seminar on Criminal Procedure Law

On June 17th, the Sino-Japanese Seminar on Criminal Procedure Law was held in Mingde Law Building. As the representatives of the Japanese side, Professor KUZUNO Hiroyuki, Dean of Graduate School of Law at Hitotsubashi University, Professor AOKI Hitoshi, Director of Asian Center at Hitotsubashi University, Professor SAKAI Taro, Director of Double Degree Program, Mrs. Jia Shen, Director of Asian Center Affairs, and Doctor Fang Hairi attended the seminar. As the representatives of the Chinese side, Professor Han Dayuan, Dean of Renmin Law School, Professor Chen Weidong, Director of litigation system and judicial reform research center, Professor Shi Yanan, Director of Criminal Law Research Center, Professor Liu Jihua, Professor Li Xuejun, Associate Professor Wei Xiaona, Professor Xu Shenjian at China University of Political Science and Law, Professor Han Hongxing at Northern Polytechnic University, and Professor Li Wei at Central University of Finance and Economics attended the seminar. PhD and master students also participated.

The seminar was chaired by Professor Liu Jihua. Professor Chen Weidong delivered a speech on ¡°Content and Progress of China¡¯s Judicial Reform¡±. In his speech, Chen introduced the background of China¡¯s judicial reform. After 18th National Congress of CPC, China carried out a new round of judicial reform. It could be said that the depth, the breadth, the diversity of the content involved, the difficulty and complexity of the reform, were unprecedented. Subsequently, he introduced the contents of China¡¯s judicial reform: First was the reform of the judicial management system. In line with the national conditions and the judicial law, a new criminal justice system was taking shape. Second was the reform of the litigation system, mainly the reform of the criminal procedure system, which accounted for 80% of the reform. The reform of the criminal procedure system mainly included the reform of the litigation system centered on the trial and the reform of the speed of the procedure.

Professor KUZUNO Hiroyuki delivered a speech on ¡°Japan¡¯s Criminal Justice Reform: Its Significance and Follow-up Questions¡±. He recalled the situation of the two major reforms of the criminal justice in Japan: the first reform began at the end of the last century, which was the product of the all-round reform of the judicial system, and established the referee system. The second reform aimed at tackling mistrial and injustice, reforming investigation and interrogation procedures. The reform results were embodied in the 2016 amendment, including the institutionalization of interrogation recordings, the expansion of the criminal exemption system and the evidence disclosure system, the strengthening of the protection measures for the victims and witnesses of crime, the expansion of the application of communication monitoring, and the simplification of procedures. After a detailed analysis of the Japanese judicial reform, Professor KUZUNO Hiroyuki also elaborated the significance and follow-up issues of the second reform.

After speeches, the participants had an in-depth discussion on whether the recording video could served as a conviction and sentencing evidence; the rights of lawyers on duty; the Japanese referee system reform and other issues. At last, Professor Liu Jihua summarized the seminar, comparing the Sino-Japanese criminal justice reforms. He thought it necessary for China and Japan¡¯s criminal procedural law academia to exchange, and hoped to establish a regular exchange mechanism in the future.

(Editor: CHEN Pei)

 
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