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KICJ Research Reports

Comparative Study on Criminal Procedures and Corrections of Korea and China 사진
Comparative Study on Criminal Procedures and Corrections of Korea and China
  • LanguageKorean
  • Authors Jinsoo Chung, Taehun Ha, Kunyong Choi, Kwangho Kim
  • ISBN978-89-7366-442-9
  • Date December 01, 2014
  • Hit164

Abstract

Although Korea has made efforts to understand the research results of US and Europe in the field of criminal policy and criminology, it now needs to contribute to the development of the criminal policy in Asia based on Korea’s research achievement so far. In particular, Korea has to create criminal policy which is appropriate for Asia thorough collaborative research with Asian countries including China.
For successive collaborative research between Korea and China, mutual basic understanding of criminal justice system and criminal procedure is a top priority to be considered. Based on this basic mutual understanding, the two countries need to develop detailed subjects for the research. In this respect, this research intends to conduct a collaborative research focusing on Criminal Procedure Law.
This Research is conducted by Korean Institute of Criminology, Korea University and Yanbian University.
In 2012 Criminal Procedure of Law in China has been drastically revised in 16 years. The main features of Criminal Procedure of Law in China include: 1) enforcement measures such as residential surveillance 2) arrest and detention in warrant system 3) applicable provisions including telephone monitoring, secret photograph and recording, postal and e-mail inspections for serious crimes such as terror, organized crime and drug crimes 4) legalizing secret investigation and intensifying witness protection. Although respect for human rights in Criminal Procedure of Law in China has been reinforced in general, finding substantial truth and suppression of crime are still emphasized.
Adopting the market economy after the economic reform in China has influenced the management of offenders in which it takes on a new aspect with increase in crime and the number of criminals in correctional facilities. As a result of this change, community-based correction has been introduced and prison regime has been reformed. In addition, it has been widely known that medical treatment, interview and prion labor of correction in China have been highly developed.
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