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Research On Criminal Procedural Legal Consequences

Posted on:2018-04-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y P MaFull Text:PDF
GTID:1316330536967795Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Procedural legal consequence is the basic theory of criminal procedural law,aim to curb the occurrence of procedural violations by systematically setting the legal consequences in the procedural norms.During more than 20 years of development it was widely accepted,and formed a variety of theories such as procedural legal responsibility,procedural relief,procedural disposal and procedural sanction.As the necessary constituent elements of procedural norm,procedural legal consequence also bases on the independence of procedural value,the reality of procedural rights,the purposiveness of function autonomy in procedure.Procedural legal consequences have unique effect on the implementation of the principles of criminal procedure in cases,and deeper role in strengthening the procedure legalism,promoting procedural rationality,and safeguarding procedure safety.The precondition of construction of procedural legal consequences systematically is to achieve systematization of procedural violations.On the basis of further clarifying the essential characteristics of procedural violations and its proof methods,the re-classification of procedural violations should be conducted from vertical and horizontal aspects on the standard of the litigation stage and the elements of litigation,and relied on the stereotypes of litigation behavior and its elements.Correspondingly,on the basis of comparative analysis of procedural legal consequences of theoretical form and legal form,it should be adjusted to the structure and level of procedural legal consequences as the following methods.The procedural legal consequence should be defined as procedural principles,then the procedural legal consequence elements should be allocated in the procedural norms and procedural operating regulations,exclusive rules be applied to behaviors of evidence formation,and invalid and corrective system be applied to other litigations in order to achieve systematical deterrence to procedural violations.The purpose of classification of procedural violations and systematization of procedural legal consequences is to allocate procedural legal consequence to procedural violation actually happened in reality.The perspective of procedural legal consequences in practice should be put into procedural violations easily overlooked,especially the obstruction of defense right and the abuse of the right of prosecution and trial.The procedural legal consequences of the breach of the obligation to inform litigation rights to the suspect should be that the inform is relatively ineffective.For improperly restrict to the right of meeting the suspect,it is necessary to design the fast track for application to revoke,but also to choose the most stringent procedural legal consequences from the exclusion system or invalid system to deal with it.For the abuse of positive public prosecution rights,the procedural consequences should be accordingly applied with acquittal,exempt,rejection,correction and other means.For the abuse of negative public prosecution,the current non-prosecution restriction mechanism should be maintained.For the trial delay,it should be given to the defendant the right to request quick close,and apply compensation,relieve or reduce the consequences of the sentence on the basis of the degree of delay under the conditions of the establishment of the request.It's void simplification to reduce the basic procedure rights of the accused,and the trial should be promptly transferred to the ordinary procedure at any stage,otherwise,be revoked and sentenced to retrial.In other forms of simplification,it may be returned to the ordinary procedure at any time by the defendant's objection.It should focus on two aspects to improve the supporting mechanism of procedural legal consequences: accepting substantive legal consequences and other constraints in maximum degree through the establishment and improvement of the judicial responsibility mechanism,and ensuring the realization of procedural legal consequences with the fastest speed through the adjustment and reconstruction of judicial power's operating mechanism.
Keywords/Search Tags:procedural legal consequence, procedural sanction, procedure right, criminal procedural law
PDF Full Text Request
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