This joint re­search pro­ject by the China Uni­versity of Polit­ic­al Sci­ence and Law, Beijing and the Max Planck In­sti­tute, Freiburg stud­ies the leg­al frame­work with­in which po­lice and pro­sec­u­tion de­vel­op and im­ple­ment policies of dis­miss­ing crim­in­al cases without crim­in­al tri­al and/or sen­tence, work­ing with a com­par­at­ive per­spect­ive on Ger­many and the People's Re­pub­lic of China. In ad­di­tion, the study fo­cuses on the ex­tent to which po­lice and pro­sec­u­tion make use of the pos­sib­il­it­ies of di­ver­sion and wheth­er spe­cif­ic non-pro­sec­u­tion pat­terns can be ob­served. The Chinese part of the study also high­lights the situ­ation with­in the Spe­cial Ad­min­is­trat­ive Re­gion of Hong Kong, where the norm­at­ive situ­ation, due to the still ex­ist­ing Com­mon Law tra­di­tion, is of­ten very dif­fer­ent from the situ­ation on the Chinese main­land.

The re­search on non-pro­sec­u­tion policies aims at identi­fy­ing how both sys­tems deal with the com­plex re­la­tion­ship between rule of law, pro­ced­ur­al ef­fi­ciency and con­trol, and equal treat­ment of de­fend­ants in norm­at­ive and prac­tic­al terms. To achieve this goal, stat­ist­ic­al data on pro­sec­utori­al de­cision-mak­ing were col­lec­ted. In ad­di­tion, high rank­ing pro­sec­utors in China and Ger­many were in­ter­viewed on the basis of sev­er­al fic­ti­tious case scen­ari­os. The study will also provide con­clu­sions on leg­al policy as to the role of the pub­lic pro­sec­u­tion ser­vices in both gen­er­al and prac­tic­al terms.

Fol­low­ing the pub­lic­a­tion of the Chinese ver­sion by the Zhong­guo Ji­an­cha Chuban­she, the Eng­lish ver­sion was pub­lished in au­tumn of 2002 in the Max Planck series "In­ter­dis­cip­lin­ary Stud­ies in Crim­in­al Law and Criminino­logy."


Ger­man For­eign Of­fice, Min­istry of Edu­ca­tion of Baden-Württem­berg.