Sino-German Seminar on Criminal Justice



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Sino-German Seminar on Criminal Justice Max Planck Institute for Foreign and International Criminal Law 12 January 2016 Fürstenbergstraße 19, Freiburg/Germany

9:00 Welcome Address and Introduction Professor Dr. Dr. h.c. Hans-Jörg Albrecht Max Planck Institute for Foreign and International Criminal Law 9:20 Status quo of Crime Victims in China Professor Dr. Liling Yue China University of Political Science and Law 9:50 Comment Professor Dr. Georg Michael Gesk University of Osnabrück 10:00 Analysis of Current Situation of Witnesses Attending Court in Criminal Cases Professor Dr. Haiyan Wang China University of Political Science and Law 11:00 Comment Professor Dr. Walter Perron University of Freiburg 11:10 Coffee Break 2

11:40 Practices of Restorative Justice in China Professor Dr. Ping Wang China University of Political Science and Law 12:10 Comment Professor Dr. Dr. h.c. Hans-Jörg Albrecht Max Planck Institute for Foreign and International Criminal Law 12:20 Interactions between National Judicial Practice and Supranational Legal Values: Reflections on the Development of China s Evidence Legislation Professor Dr. Zhuhao Wang China University of Political Science and Law 12:50 Comment Professor Dr. Björn Ahl University of Cologne 13:00 Lunch Break 15:00 Discussion 15:30 Chinese Law Resources at MPI Followed by Guided Library Tour Elisabeth Martin Max Planck Institute for Foreign and International Criminal Law 3

BIOGRAPHICAL NOTES ON SPEAKERS (in alphabetical order) Professor Dr. Björn Ahl Prof. Ahl is a chaired professor of Chinese legal culture at the Institute of East Asian Studies of the University of Cologne. He studied Law and Chinese at the University of Heidelberg and the University of Nanjing. Between 1999 and 2002, Prof. Ahl worked as a researcher at the Max Planck Institute of Comparative Public Law and International Law in Heidelberg, where he reported regularly on the developments of public law in Asian jurisdictions. Under the supervision of Prof. Jochen Frowein he began to work on his PhD thesis about the application of international treaties in China. He then worked as the deputy director of the Sino German Institute of Legal Studies, a joint project of the University of Nanjing and the University of Göttingen, where he taught courses in German and Chinese law. In 2006 Prof. Ahl became an Assistant Professor of Law at the City University of Hong Kong. In 2008 he received a PhD in law from Heidelberg University. In 2010 he was appointed Visiting Professor of Chinese Law, Comparative Public Law, and International Law at the China EU School of Law at the Chinese University of Political Science and Law in Beijing. Professor Dr. Dr. h.c. Hans-Jörg Albrecht Prof. Dr. Dr. h.c. Hans-Jörg 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. 4

Professor Dr. Georg Michael Gesk Prof. Gesk is a chaired professor of Chinese Law at the University of Osnabrück. He was one of the first Westerners 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 has also taught at the National Taiwan University and at the Free University Berlin. Prof. Gesk s research interests focus on Chinese law and legal policy, criminal law, and criminal procedural law. 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 in 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. 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. 5

Professor Dr. Haiyan Wang Prof. Wang is a vice dean at the Criminal Justice College of China University of Political Science and Law (CUPL), as well as the director of the Judicial Reform Center (based at the CUPL). He is a law professor at CUPL and a guest professor at the East China University of Political Science and Law. He has been elected to join the New Century Talent Supporting Project by the Chinese Ministry of Education - a project designed to support outstanding young academic leaders in China. Prof. Wang s research areas include criminal procedural law, evidence law, and judicial reform. He has published widely in these fields. In addition to his academic work, Prof. Wang serves as an honorary deputy-chief procurator at a district procuratorate in Beijing. Professor Dr. Ping Wang Prof. Wang is a vice dean at the Criminal Justice College of China University of Political Science and Law (CUPL), as well as the director of the Restorative Justice Center at CUPL. He is also a board member of Penal Reform International (PRI) and a vice president of the Research Society of Penology. Prof. Wang s research interests focus on criminal justice policy, penology, and restorative justice. He has published more than 30 works and more than 80 articles on these research areas. In addition to his academic work, Prof. Wang serves as an honorary deputy-chief procurator at a district procuratorate in Beijing. Professor Dr. Zhuhao Wang Prof. Wang is an associate professor of law at the Institute of Evidence Law and Forensic Science, China University of Political Science and Law (CUPL). He received a J.D. from Indiana University Bloomington Maurer School of Law. He joined CUPL in December 2012, after two years of law practice in cross-border mergers & acquisitions and corporate transactions with Locke Lord LLP in Dallas, USA. He serves as an associate executive director of the International Association of Evidence Science, as well as director of International Cooperation and Exchanges at the Evidence Institute, CUPL. Prof. Wang s teaching and research areas include evidence law, procedural law, and international business transactions. He is an editor of Evidence Science a leading Chinese law journal focusing on studies of evidence law and forensic science. 6

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

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