Research On Void Criminal Procedural ACT

There are six chapters in the paper.The first chapter is about what is Void Criminal Procedural Act.The dissertation firstly discussed the concept and the development of the Theory of Criminal Procedural Act,then educes the concept of Void Criminal Procedural Act through the question about the effect of Criminal Procedural Act,further explains the concept of Void Criminal Procedural Act by the method of Semantic Analysis,definition of its connotation and extension,comparing of the interrelated legal judgment and analogical concept.Since the evaluation of void act has the quality of dynamic relativity,it should be judged comprehensively according to the whole aime.The judgment depends on the aim of criminal procedure and the relevant elements embroiling by the given act.One criminal procedural act bearing the void reason can be healed by the positive and negative ways.Even if the criminal procedural act has finally been judged as void one,the scope of invalidation also should be liminted regarding the degree of lawbreaking,the relevancy to other criminal procedural acts and other conditions.The second chapter answers the reason to deny the effectiveness of criminal act of procedure.Beginning with the Due Process Theory,the dissertation reveals the core logic of its declaring rights and controlling rights,through reviewing its basic characters and principles.Due Process offers the logic basic and motivity to criminal procedure.It is embedded in the judgment system of criminal procedure.The criminal procedure act, being essence elements of criminal procedure,must be ruled by due process,for the void reason is that the act violates the due process.The third chapter deals with the judging standard of void criminal procedural act.Validity presumption is the principle of effectiveness of criminal procedural act.Void is not the usual state.The standard of denying the effectiveness is the key question.The author's opinion in the dissertation is that the standard is benefit balance in dynamic way,which can be educed by comparing the standards of two legal systems.The standard must be stated and flexible.As for us,we should state the void standard clearly in the way of statute law.The stated standard is given priority and assisted by substantive void standard.And the case instruction can also be used to annotate the abstract standards.The fourth chapter discusses the origin of the void act.There are all kinds of non-standard criminal procedural act in reality.The judgment system of outstanding achievement in various departments and the survey show their cognition about the non-standard criminal procedural act. Based on the review the reality,the author generalize the type of non-standard criminal procedural act,and then rethinks over the procedural disposal system to non-standard criminal procedural act.The author's conclusion is that the procedural disposal system should be rebuilt under the condition that illegal criminal procedural act is unavoidable.The fifth chapter explains the right procedural disposal method.The character,which are effectiveness decided before,chain effect of procedure execution and singleness procedure choice,determine that void criminal procedural act must be dealed with by the procedural disposal system.But in the author's opinion,the Procedural Disposal do not equal to the Procedural Sanction.The Procedural Sanction System is the part of Procedural Disposal System.The procedural disposal principles include those of discrimination,proportionment and justice and efficiency.The procedural disposal must be diversity,hierarchical and systematic.The sixth chapter six is about the issue of implementary.Now,there exits analogous rules with void system of criminal procedural in the text of law.But the rules are so limited and imperfect,it needs to be improved. The author explains the frame system of void claim,including plea, checkingup,judging,declaring and remedy.The route of our void system of criminal procedural act should be as stated as below:the urgent affairs are to father the serious violation first,and the important point is to control the violation,the root is to prevent the non-standard criminal procedural act.The construction of our invalid system of criminal procedural act shall be done in a way to take punishment to the seriously illegal criminal procedure act as an urgent matter,to take control of illegal criminal procedural act as the key point,and totake the prevention of non-standard criminal procedural act as the basic consideration.Therefore,the author thinks that the choice of the way to construct our invalid system of criminal procedural act must take investigation procedure of the construction of our invalid system as a startingpoint,then gradually carries out the effectiveness system in the overall procedure,and finally forms the all-round mechanism to privent non-standard criminal procedural act.The author deems that the invalid system of criminal procedural act is essentially integrated system to pentent,contral and govenrm the non-standard criminal procedural act,and is important measure build and develop "the green" penal prededural ecology.