冀祥德

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冀祥德

冀祥德,汉族,山东青州市人,北京大学法学博士,中国社会科学院法学博士后出站留法学研究所工作。先后从事过警察、教师、律师、检察、科研职业,曾任山东德扬律师事务所主任、北京市崇文区人民检察院副检察长、中国社会科学院法学研究所所长助理等职。曾获北京大学研究生学术十杰、全国优秀教师、全国优秀刑事辩护律师和全国优秀教学管理奖等称号。现就职于中国社会科学院,任方志出版社社长、总编辑,法学研究所研究员,法学系常务副主任、教授、博士生导师、博士后合作导师。

主要研究方向:

刑事诉讼法学、刑法学、证据法学、司法制度、实证法学、法律教育学。

主要社会兼职:

中国法学教育研究会副会长,中国行为法学会律师执业行为研究会副会长,中国法学教育研究会诊所法律教育专业委员会副主任,中国监狱工作协会常务理事,中国司法行政戒毒工作协会常务理事,北京大学法学院、中国人民大学法学院等院校博士论文答辩委员会委员,复旦大学、广西大学、烟台大学等院校兼职研究员、教授,民政部等部委法律顾问,北京、山东、河北等政法系统专家咨询委员,最高人民法院博士后合作导师。

主要学术成果:

《控辩平等论》(专著);《建立中国控辩协商制度研究》(专著);《婚内强奸问题研究》(专著);《建立中国刑事辩护准入制度理论与实证研究》(著作第一作者);《中国法学教育现状与发展趋势》(著作第一作者);《监所暴力与监所体制改革研究》(著作第一作者);《中国改造罪犯模式之转型》(著作第一作者);《协商性纠纷解决机制比较研究》(主编);《司法制度新论》(主编);《法学教育的中国模式》(主编);《依法治国与深化司法体制改革》(主编);《中国刑事诉讼法学发展与展望》(主编);《最新刑事诉讼法释评》(主编);另主编、合著、参编著作、教材三十余部,发表学术论文二百余篇。为中央宣传部社科规划办、全国哲学社会科学规划办《成果要报》、《中国社会科学院要报》、《领导参阅》、《学术动态》等选用科研成果、研究报告四十余项、篇。

承担主要课题:

独立承担完成国家社会科学基金课题"构建我国刑事诉讼中的控辩平等";独立承担完成国家社会科学基金后期资助课题"世界刑事诉讼的四次革命";独立承担完成中国博士后科学基金项目"建立中国控辩协商制度研究";独立承担完成由加拿大国际开发署提供资助的加拿大律师协会与中华全国律师协会国际刑事辩护与司法改革课题;独立承担完成中外合作国际课题"协商性纠纷解决机制比较研究";独立承担完成中荷法律制度改革研究课题之子课题"辩护律师的角色定位与准入制度"。主持完成中国社会科学院重大、重点课题"和谐社会语境下的控辩关系"、"法学教育的中国模式"、"建立中国刑事辩护准入制度研究"、"法律监督统一立法研究";主持完成中国社会科学院法治国情重大课题"改造罪犯的中国模式"等;主持完成最高人民检察院检察理论研究课题"疑罪不诉的证据问题研究"等;主持完成中国法学会课题"遏制监所暴力与监所体制改革研究"等。

主要学术获奖:

第一届全国法学博士后科研成果一等奖(专著类);第二届中国法学优秀成果一等奖(专著类);中国法学会中青年刑事诉讼法学成果一等奖(专著类);中国法学会、最高人民检察院、司法部、教育部等单位优秀科研成果一、二、三等奖若干。

主要学术观点

一、提出并论证了"建立中国控辩协商制度"。在致力于解决中国转型时期纠纷多发与有限司法资源矛盾的对策研究中,提出了"控辩协商"的概念,倡导并构建适应中国实际需要、富有中国特色、具有中国气派、切合二十一世纪法治时代精神的中国控辩协商制度。

二、发展了"控辩平等理论"。在法学界关于控辩平等主要是"平等武装"的传统理论基础之上,提出并论证了"平等对抗"、"平等保护"和"平等合作"的新学说,赋予了控辩平等新的内涵;以论证控辩平等应当是形式平等与实质平等的统一为理论基础,结合实证研究剖析了现行刑事诉讼法备受诟病的根由,主张应当通过平等武装和平等保护,实现平等合作与平等对抗。

三、提出并论证了在建设和谐社会的语境之下,重构中国控辩关系的设想。即从目前控辩双方的"敌视"、"非理性、不平等对抗",转向"控辩平等";在控辩平等的基础上,控辩双方既可以平等对抗,也可以平等合作。基本方案是:控辩双方在平等的基础上,首先寻求平等合作,用以解决80%左右的案件,以进一步提高诉讼效率;合作不成的20%左右的案件,平等对抗,以促进实现公正;通过刑事诉讼程序一体化改造,实现建立公正、权威、高效司法制度的目标。

四、提出并论证了以"简者更简、繁者更繁"为中心的中国刑事诉讼制度改革的基本模式。主张以证据开示为前提,设置问罪程序,通过罪状认否对案件予以繁简分流。被追诉人作有罪答辩的,进入正当简易程序,视案情清楚与否及证据充分与否而分别适用速决程序或者控辩协商程序,简化庭审前的准备与庭审程序中的诸多环节,做到"简者更简";被追诉人作无罪答辩的,进入正当普通程序,赋予被追诉人及其辩护人全面的实体与程序的权利保障,实现"繁者越繁"。

五、提出并论证了"附定罪条件逮捕制度"。认为应当建立在对提请或者移送批准逮捕案件作分流处理的前提下,以证明标准的层次性理论为正当性基础,以附定罪条件为实质,以特殊犯罪控制与一般人权保障为诉讼价值追求,以国际公约与国际刑事司法准则为设计坐标,立足中国刑事司法现状,对我国强制措施制度予以诉讼化改造。该论证对于纠正实务界错误认识,澄清学术界的误解,建构逮捕制度的正当性起到了积极推动作用。

六、在刑事辩护领域率先提出"刑事辩护三难说"。即1996年刑事诉讼法修改和1997年刑法增加第306条后,刑事辩护中的会见难、阅卷难、调查取证难,被法学界和法律界引用至今。

七、提出并论证了"公检法律车轮说"。认为"在法治视野之下的法律职业共同体中,公、检、法、律是推进社会法治进程不可或缺的四个车轮,缺乏现代辩护律师制度的刑事司法制度,永远不可能驶入现代法治的轨道。为此,公安司法机关必须改变过去长期以来形成的那种律师参与刑事诉讼会给侦查、起诉、审判工作造成困难的观念,树立律师参与诉讼是为了保障被追诉人的合法权益、保障程序公正的现代法治观念,在刑事诉讼中平等的、善意的对待辩护律师,与辩护律师携手并肩,共同推动我国法治建设的进程。"

八、提出并论证了"刑事辩护准入说"。关于在我国建立刑事辩护准入制度的总体构想是:必须取得司法部统一颁发的刑事辩护执业证书的律师才能从事刑事辩护。凡是取得法律职业资格,从事律师业务三年以上,并通过专门的刑事辩护考试者,可以在基层法院从事刑事辩护;在基层法院从事三年以上刑事辩护的律师,经过培训考核合格者,可以在中级法院从事一般刑事案件的辩护;在中级法院从事五年以上一般刑事案件辩护的律师,经过培训考核合格者,可以从事死刑案件的辩护。同时,建立与准入机制相配套的培训机制、考核机制和退出机制。

九、提出并论证了"刑事辩护木桶说"。指出:一个国家稳定和发展最不可或缺的制度莫过于法律制度,法律制度中最不可或缺的制度当是刑事司法制度,而一个国家的刑事司法制度又依赖于刑事辩护制度,特别是辩护律师能否真正履行好辩护的职责以及辩护律师能否建立起公众的信赖。形象地说:法治是"社会木桶"最短的一块木板,刑事法治是"法治木桶"最短的一块木板,刑事辩护是"刑事法治木桶"最短的一块木板。评价一个国家的法治水平,从其刑事辩护状况的考察中即可得出确定性结论。

十、提出并论证了"婚内强奸犯罪化"主张。提出了婚内强奸犯罪化立论的新原点--"耦合权利义务说"。揭示出婚内强奸的起动原因乃性违约,由于性违约从而导致性暴力。但是,从法律逻辑上,性违约则不一定必然导致性暴力,尤其不必然导致性暴力之合法性。认为在权利规范从社会本位走向权利本位之后,人权保障功能和提供社会公正功能将是任何一项法律制度所不可或缺的功能。这种理念反映在对婚内强奸问题的认识上,即是冲破婚姻关系对妇女性权利保护的羁绊,走出"只要夫妻正常婚姻关系存续,即足以阻却婚内强奸行为成立犯罪"的误区,实现"告诉乃论"为前提之婚内强奸犯罪化立论。

十一、提出并论证了"法学教育中国模式初步形成"主张。认为:新中国成立60多年来,中国法学教育经历了从新中国成立初期的学习苏联模式,到有计划商品经济时期的借鉴大陆法系模式,又到建立社会主义市场经济体制时期的混合模式,再到科学发展观提出后中国特色模式初步形成的变迁过程。法学教育中国模式初步形成的基本标志集中体现在如下五个方面:第一,以法学学士、硕士、博士教育为主体,以法学专科教育等为补充的多层次高等法学教育体系已趋成熟;第二,法学的基本教育、特色教育和继续教育有机结合的多元化法律人才培养模式基本形成;第三,普通高校、科研机构的法律素质教育和专门学校的法律职业教育与全民的普法教育互相衔接的多轨制法学教育制度初步完善;第四,法学教育和统一司法考试与法律职业密切关联的互动型教育就业机制逐步建立;第五,教育行政部门的行政管理和司法行政部门的行业指导与法学教育行业协会的自律性管理及法学院校的自我管理四位一体的法学教育管理体制日益协调。

十二、提出并论证了中国法科研究生培养模式正在从以培养法学硕士为主转向以法律硕士为主。认为:中国2009年法律硕士(法学)的恢复招生,标志着法科研究生从以培养法学硕士为主到以以法律硕士为主转型的开始。在未来中国法科研究生的发展和培养方向上,政法系统在职攻读法律硕士专业学位已经完成了其历史使命,行将停招;全日制法律硕士(非法学)专业学位研究生应当将培养目标定位于复合型、实践型高级专业人才,主要为机关、团体、企业、事业单位培养法律知识与相应系统专业知识复合的实践应用人才;全日制法律硕士(法学)专业学位研究生应当将培养目标定位于专业型、实践型高级法律人才,主要培养法官、检察官、律师和高级警官;法学硕士的培养目标定位于学术型、研究型高级法律人才,主要为法律高等院校、科研机构等单位培养教师和科研人员。

十三、提出了"刑事诉讼第四次革命"的命题。认为:刑事诉讼的第一次革命是司法权与行政权的分离;刑事诉讼的第二次革命是审判权与控诉权的分离;刑事诉讼的第三次革命是控辩平等(或者控辩平衡);目前,世界正在进行刑事诉讼的第四次革命--控辩关系从以对抗为主、合作为辅,转向以合作为主、对抗为辅。

Xiangde Ji, born in Qingzhou City, Shandong Province, Doctorate in Law from Peking University Law School, Post-Doctoral Research in Law at the Chinese Academy of Social Sciences, where he continues to work as a Researcher at the Law Institute. He has had successive careers in the fields of law enforcement, teaching, lawyering, procuratorate and legal research. He has served as the director of Deyang law firm, Shandong, as the deputy procurator-general in People's Procuratorate, Chongwen District, Beijing, and as the Assistant Directorof the Law Institute of the Chinese Academy of Social Sciences. His honors include having been recognized as One of Ten Academically-Outstanding Graduate Students at Peking University, One of China's Most Outstanding Teachers, One of China's Most Outstanding Criminal Defense Attorneys, and as One of China's Most Outstanding Educational Managers, among other awards. He is currently working at the Chinese Academy of Social Sciences, where he holds the positions of President and Chief Editor at Publishing House of Local Records, Research Fellow of the Institute of Law , Executive vice director, Professor , Doctoral Supervisor and Postdoctoral mentor in the Law Department at the Law Institute. 

Principal Research Fields

Criminal procedure law, criminal law, evidence law, the justice system, empirical law, legal education. 

Principal Professional and Service Activities

Deputy Director, China Legal Education Research Association; Deputy Director, China Behavioral Law Association's Commission on the Study of Lawyers' Professional Behavior; Deputy Director, Chinese Committee of Clinical Legal Education of China Legal Education Research Association; Managing Director, China Prison Administration Association; Managing Director, China Judicial Administration of Rehabilitation Association; Member, Doctoral Dissertation Defense Council at Law School of Peking University, RenMin University and other academic institutions. Holds positions of Research Fellow or Professor at: Fudan University, Guangxi University, Yantai University, and other academic institutions; Legal Advisor, Ministry of Civil Affairs and other ministries; Expert Member of the Committees on political and legal systems in Beijing, Shandong Province and Hebei Province; Postdoctoral mentor, the Law Institute within Supreme People's Court of the People's Republic of China .

Principal Academic Achievements

"Equality of Prosecution and Defense" (sole author), "On the Construction of Plea Bargaining System in China" (sole author), "Study of Issues of Rape During Marriage" (sole author), "Establishing a System of Access to Criminal Defense in China: Theory and Empirical Research" (first author), "New development of Legal Studies" (first author), "Study on Curbing the Violence and Reform of their Systems in Places for Custody in China" (first author),"Transformation of Chinese Model of Rehabilitation of Offenders"(first author), "The Comparative Study of the Negotiated Dispute Resolution" (editor), "New Theory of the Judicial System" (editor), "Model of Legal Education in China" (editor), "Development and Expectation of the Study on Criminal Procedural Law in China" (editor),"Explanations and Review of the Revised Criminal Procedure Law " (editor), and more than three dozen sets of publications and teaching materials as editor, co-author, or co-editor, and over two hundred published academic papers. More than forty sets of published research results and reports, selected for the "Results Journal" by the Social Science Planning Office of the Publicity Department of the Central Committee of the Communist Party of China, together with the National Planning Office of Philosophy and Social Science, "Journal of the Chinese Academy of Social Sciences", "Leaders' Reference Guide", "Academic Trends", and other journals.

Principal Research Projects

Independently completed the National Social Science Fund project "Establishing Equality of Prosecution and Defense in Criminal Procedure in China"; independently completed the National Social Science Late Fund project" Four Revolutions in the Criminal Justice System"; independently completed China's Postdoctoral Science Fund program "On the Construction of Plea Bargaining System in China"; independently conducted the Canadian Bar Association and the All China Lawyers Association's International Criminal Defense and Judicial Reform project, funded by the Canadian International Development Agency; independently completed the Sino-Foreign Cooperative International Project "The Comparative Study of the Negotiated Dispute Resolution"; independently completed the Sino-Dutch Legal System Reform Research Project's project on "The Role and Status of Defense Attorneys, and the System of Access to Criminal Defense. Directed and completed the Chinese Academy of Social Sciences' Major or Key Projects: "The Relationship of Prosecution and Defense in a Harmonious Society", "Model of Legal Education in China", "Establishing a System of Access to Criminal Defense in China: Theory and Empirical Research", "A Study on Unified Legislation of Legal Supervision"; directed and completed the Chinese Academy of Social Sciences' National Condition of Rule-of-Law Research Project: "Model of rehabilitation of Offenders in China", the Supreme People's Procuratorate's Prosecutorial Theory Research Project: "A Study on Evidentiary Problems Leading to the Inability to Prosecute When the Crime is in Doubt", the China Law Society's Research Project: "A Study on Curbing the Violence and Reform of their Systems in Places for Custody in China", and others.

Principal Academic Awards

He has won the first prize of the National Law Postdoctoral Scientific ResearchAchievements (Monographs), the first prize of "the Outstanding Achievements (Monographs) in China Legal Science", and the first prize of "the Academic Achievements(Monographs) on Criminal Procedure Law"among the young-and-middle-aged experts awarded by China Law Society, and several first, second or third prizes of the Outstanding Achievements awarded separately by China Law Society, Supreme People's Procuratorate, P.R.C, Ministry of Justice, P.R.C, Ministry of Education, P.R.C, and other entities. 

Principal Contributions to Academic Discourse

1, Raising the issue of "Establishing a System of Plea Bargaining in China". In the process of studying the measures taken to resolve the issue of increasing numbers of disputes and limited judicial resources during China's transformative period, I have discussed the concept of "plea bargaining", proposed and constructed a Chinese system of plea bargaining that would suit China's practical needs, would be rich in Chinese characteristics, have a dignified, Chinese style, and would befit the rule-of-law spirit of the twenty-first century.

2, Developing the "Theory of Equality of Prosecution and Defense". The legal field's traditional theoretical concept of the equality of prosecution and defense is essentially one of "equality arms". Based on this notion, I have discussed and demonstrated the importance of the new doctrines of "equality in confrontation", "equal protection", and "equal cooperation", assigning new meaning to the equality of prosecution and defense. I have also demonstrated that the equality of prosecution and defense must be the combination of equality in form and equality in substance; combined the empirical research analyzing the reasons underlying critiques of current criminal procedure law; and advocated that equal cooperation and equality in confrontation must be achieved through equality of arms and equal protection.

3, Raising the importance, in the context of establishing a harmonious society, of reconstructing the concept of the relationship between prosecution and defense in China. Taking the current state of "hostile", "irrational and unequal confrontation" between prosecution and defense, and transforming it into a state of "equality of prosecution and defense"; on the basis of equality of prosecution and defense, the two sides will be able both to confront one another on equal footing and to cooperate in an equal manner. The basic plan is the following: starting from a state of equality between prosecution and defense, first seek equal cooperation in order to resolve around 80% of cases and thereby increase the efficiency of litigation; the approximately 20% of cases that cannot be resolved through cooperation should use equal confrontation to promote the realization of justice; and through the streamlining of criminal procedure, achieve the goal of establishing a fair, authoritative, and efficient justice system.

4, Discussing the importance of using the principle: "simplifying the simple; expanding the complex"(简着更简,繁着更繁) as the center of the basic model for the reform of China's criminal litigation system. In order to separate cases into complex or simplified, the first prerequisite is the presentation of the evidence; next, a procedure must be established to determine the initial plea of the accused. For all cases in which the defendant enters an initial plea of guilty, the cases will enter a system of simplified procedure requiring due process. If the facts of such cases are clear and the evidence is sufficient, a "high-speed" simplified procedure may be used. However, if the facts are not clear or the evidence is insufficient, the case would enter "plea negotiation" simplified procedure. Either way, cases involving an initial plea of guilty will undergo simplified pretrial preparations and trial procedure, thereby achieving the "simplification of the simple". When, on the other hand, the defendant enters an initial plea of not guilty, the case will enter a system of ordinary procedure requiring due process, granting the defendant and his attorney comprehensive substantive and procedural rights and protections, and thereby achieving the goal of "expanding the complex".

5, Discussing and demonstrating the importance of a "system requiring a charge prior to formal arrest". I believe that we must establish a system in which, when handling the categorization of cases requested or transferred for formal arrest approval, using the theory of a level of standard-of-proof as a basis for due process, using the criminal charge as a substantive prerequisite, and using the dual goals of crime control and human rights protections as the values to strive for in litigation, and adopt international conventions, international criminal justice norms, and the contemporary situation of Chinese criminal justice as the coordinates upon which to map the reforms of China's system of detention and arrest. This would redress the misconceptions of practitioners, clarify the misunderstandings of academia, and play a positive role in building the legitimacy of the system of formal arrest.

6, In the field of criminal defense, originating the term and raising the issue of "the three difficulties of criminal defense". The terms I coined to describe criminal defense, of "difficulty of client visits", "difficulty of discovery", and "difficulty of investigation and evidence collection" have been cited in the legal academic field and by legal profession, from the 1996 revisions of the Criminal Procedure Law and the 1997 addition to the Criminal Law of article 306, to this day.

7, Creating the concept of "the police, prosecution, judiciary, and attorneys as the four "wheels of justice". I believe that, in envisioning a legal and professional community under the rule of law, the police, prosecution, judiciary, and attorneys are the four indispensable wheels driving the rule of law in society; without the current system of defense lawyers, the justice system would be far from able to progress on the current path to the rule of law. For this reason, the public security and judicial organs must change from their long-held view of lawyers' participation in criminal litigation as something that makes the work of investigation, prosecution and adjudication more onerous, and establish a modern view consistent with the rule-of-law, that the participation of lawyers in litigation is to protect the legal rights and privileges of defendants and to ensure the fairness of procedure. During criminal litigation, those organs should treat attorneys with goodwill, as equals, walking with them and shoulder to shoulder, pushing together for progress in establishing the rule of law in China.

8, Coining the phrase in Chinese and advocating for "access to criminal defense". The overall concept of establishing a system of access to criminal defense in China is the following: there must be a unified system, promulgated by the Ministry of Justice for professional certification to handle criminal defense cases. All those who obtain professional qualification to be an attorney, who have been handling cases as an attorney for over three years, and have passed a specialized criminal defense examination, may handle criminal defense cases in the basic level courts. Of those lawyers who have handled criminal defense cases in the basic level courts for more than three years, those who have been qualified through a training and assessment may handle defense in ordinary criminal cases in the mid-level courts. Lawyers who have handled defense in ordinary criminal cases in the mid-level courts for over five years, who are qualified through a training and assessment, may handle defense in death penalty cases. At the same time, mechanisms must be established for training, assessment, qualification, and attorney disqualification that correspond with the mechanism of access to defense.

9, Coining the phrase and describing "the criminal defense cask". The meaning of this concept is that: no system is more indispensable to a country's stability and development than its legal system; a legal system's most important system is its criminal justice system; therefore, a country's criminal justice system relies on its criminal defense system, especially on whether or not its defense attorneys can fulfill their professional responsibility to provide a good defense, and whether or not they can establish public trust. The metaphor poses that the rule of law is the shortest plank in "society's cask"; analogously, criminal rule of law is the shortest plank in the "rule of law cask". Finally, criminal defense is the shortest plank in the "criminal rule of law cask". Evaluating the level of rule of law attained by a country can only be accomplished with certainty by consulting the state of its criminal defense system.

10, Raising the importance of advocating for the "criminalization of rape during marriage". Discussing the theoretical basis, "coupling rights and duties," underlying academic discourse on rape during marriage. Revealing the belief of many men, that sexual refusal during marriage constitutes a breach of contract, and that the perceived breach of contract engenders sexual violence. However, in legal logic, the perceived breach of contract regarding sexual relations does not necessarily lead to sexual violence, and it certainly does not legitimize sexual violence. It is my belief that, as the emphasis of legal rights regulation shifts from social to individual rights, the ability to protect human rights and provide for social justice becomes indispensable, in any legal system. This notion, as reflected in the issue of marital rape, entails the elimination of restrictions on the protection of women's sexual rights in marital relationships and the need to break free from the misunderstanding that "the marital relationship alone is sufficient to prevent marital rape from constituting a crime."

11, Discussing and demonstrating the importance of promoting "the progressive development of the Chinese model of legal education". It is my belief that, in the over-60 years since the founding of the New China, Chinese legal education has undergone a process of change, from studying the Soviet model in the initial period of the New China, to the planned commodity economy period when lessons were being drawn from the European Civil Law model, to the period of building the socialist market economy system's mixed model, then, following the introduction of the concept of scientific development, on to the preliminary formation of the model with Chinese characteristics. Signs of the gradual formation of a Chinese model of legal education can be observed in the following five phenomena: number one, the multilevel system focusing on legal education in bachelor's, master's, and doctoral degrees in law, and supplemented by vocational legal education, and other types, has already reached maturity; number two, the model of training versatile legal professionals with an organic combination of basic, specialized, and continuing education in law, is essentially fully-formed; number three, the multi-track system of legal education is gradually being perfected, as the all-around legal education at institutions of higher learning and research institutes, continuing professional legal training at specialized schools, and the general legal education of the populace increasingly complement one another; number four, interactive legal education and employment mechanisms are gradually being constructed by the close relationship between academic legal education's integrated judicial examination, and the legal profession; number five, the management of legal education is increasingly being coordinated and harmonized via the quadripartite mechanism of professional guidance in the form of administrative management by educational ministries on one hand and judicial administration departments on the other, the self-management of professional legal education associations, and of the legal academy.

12, Describing the current transition of China's graduate legal education system from a focus on academic Master of Laws degrees to a focus on professional Master of Laws degrees. In my opinion: the resumption in 2009 of enrollment in China's Master of Laws (academic law) degree programs indicates the beginning of a shift in the priorities of graduate students in law from the academic to the professional Master of Laws degree. In the development and training of future Chinese graduate students in law, specialized, practice-oriented Master of Laws degree programs for working professionals in the political and legal system have already completed their historical mission. Full-time specialized professionally-oriented Master of Laws degrees (non-academic law) will have complex training objectives, aiming at the development of specialized professionals with high-level practice skills, especially geared towards career and employment training for work in government organs, groups, and enterprises, professional legal knowledge and corresponding specialized complex system knowledge and a practically-oriented workforce. Full-time specialized Master of Laws (academic law) degree programs will set their training goals as to facilitate the development of professionalized, legal professionals with a high level of practice skills, especially training judges, prosecutors, lawyers and high-level police sergeants; the training goals of academic Master of Laws degrees are academic, research-oriented advanced legal personnel, especially institutions of higher learning, research institutions, and other employers seeking teachers and researchers.

13, Proposing a "Fourth Revolution in the Criminal Justice System". It is my opinion that: the first revolution in the criminal justice system is the separation of judicial and administrative authority; the second revolution is the separation of adjudicative and prosecutorial authority; the third revolution is the equality of prosecution and defense; currently, the world is undergoing a fourth revolution in criminal justice-the relationship between the prosecution and defense is going from one focusing on confrontation and supplemented by cooperation, to one focusing on cooperation and supplemented by confrontation.















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