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The Study On Questions Of The Criminal Procedural Sanction System

Posted on:2007-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2166360182985546Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with the criminal procedural illegality has becaming focus,how to find the institutional solution became, a urgent problem of academic research at present.As a rising field, procedural sanction has been accepted by many countries gradually. Criminal procedual sanction is a system that differents from the traditional judicial sanction,it could restrain procedural illegality effectively in the field of procedural law by a series procedural sanction modes,and makes rights coming ture. It could not be replaced by the traditional judicial sanction such as criminal sanction, civil sanction,disciplinary sanction,and state compensation no matter in the scope of application,the implementation mechanism or the function.An important reason why there exists great gap between the prescription of criminal procedure law of our country and the judicial reality, and such illegal phenomena as torture, extended custody, infringement upon the right of defense,etc, have been surviving the prohibition time and again lies in the absence of stringent procedural sanction mechanism. Our actual law related to criminal procedual sanction rarely, our system is in primary form. So we need to improve the actual principle, and to design a new system is more important.This article bases on the research of basic theory,and seeing about the advanced law of the world comparatively,then aims at the academic and practical problems of our country, hopes to get revelation in the end.
Keywords/Search Tags:Criminal Procedural Illegality, Criminal Procedural Sanction, Judicial Stays, Invalidation of Act in Action, Perfection
PDF Full Text Request
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