Shuai Zhang LLM
s.zhang1@uu.nl
Gegenereerd op 2017-06-26 17:38:58


Profiel

Mr. S.(Shuai) Zhang LL.M, a final-year PhD candidate (2012.10-2016.10) at Willem Pompe Institute, Utrecht University, promoted by Prof. John. Vervaele and Prof. Chrisje. Brants, co-promoted by Prof. He Jiahong from Renmin University of China, financed by the China Scholarship Council, LL.M and LL.B obtained from China University of Political Science and Law, specializing in comparative criminal procedure, cyber-crimes and criminal justice, and human rights law. Licensed lawyer registered in Shandong Province, P.R.China, specializing in criminal defense. Used to serve in the Supreme People's Court and Shandong People's High Court of P.R.China. 


With a strong international background and a good knowledge about China's legal system, he is now, financed by the Chinese government, working on a comparative research about transparency and legitimacy of the Chinese criminal justice system, especially from the perspective of disclosure mechanism in criminal proceedings, so as to further evaluate in an international context the overall quality of Chinese criminal procedure, and thus propose some tentative solutions to its current problems, both in theoretical and practical terms. 

Besides, he is also focusing on new types of cyber-crimes and criminal justice. His new work "On the Penal Law Protection of Virtual Properties from the Perspective of Evaluation of the Nature and Amount of cyber theft cases" has won a prize in the call for papers by the Law Application Institute of the Supreme People's Court of P.R.China; and he gave a presentation on this issue before the Court on Mar.25 2016.

Strategische thema's / focusgebieden
Wetenschappelijke expertises
criminal procedure
human rights law
Vaardigheden
Licensed lawyer registered in Shandong Province, P.R.China. Specializing in criminal defense.
Gegenereerd op 2017-06-26 17:38:58
Curriculum vitae Download PDF
Gegenereerd op 2017-06-26 17:38:58

His research project, “Internal and External Publicity in Chinese Criminal Hearings”, based on the current situation of China’s flawed judicial legitimacy, notably that in criminal justice, is trying to hold a clue, and thus a tentative solution, to an underlying cause of this embarrassing problem, mainly form the perspective of judicial transparency in China, i.e. the so-called internal and external publicity in Chinese criminal hearings. The former refers to transparency of materials and evidence among the parties concerned in a criminal trial, i.e. the prosecution, the defense and the judiciary, involving the disclosure mechanism well-established in western systems, best known as the “Brady Rule” from the US system; the latter to publicity of trial information to the mass media and the general public. More attention has been paid to the former as the author and his supervisors unanimously agreed that it is more essential for the fairness of a trial and would thus to a great extent determine the quality and effect of the latter.

 

The project has employed a comparative methodology which could on one hand help a Chinese mind with his deeper reflection on his own system by taking other systems as a mirror; on the other hand help western scholars with their better understanding of China’s current problems in the other way around. The US system, the England& Wales system and the Scotland System have been taken into account as a mirror for the Chinese system. So far, the author has finished the first round of study and elaboration of each jurisdiction described above. Further study and comparison is on the go. Apart from comparative approach, this project will also illustrate its points with a series of typical cases, either form China or from the other jurisdictions.

 

Besides domestic rules and practices of the aforesaid jurisdictions, regional and international norms and precedents, notably those based on ECHR and ICCPR, will also be taken into consideration, mostly involving the occasional conflicts between a state’s disclosure duties and its public interest immunity (PII). So far, a series of cases tried by ECtHR have already been studied and incorporated into the research. Further study and reference will go on in the following phases of the project.

Gegenereerd op 2017-06-26 17:38:58
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Gegenereerd op 2017-06-26 17:38:58
Laatst bijgewerkt op 09-04-2016