Research On The Criminal Procedural Defence

Criminal procedural defence is a formation of defence by which a defender produce material and option to neutral third party on procedural illegal acts of scout personnel, prosecutorial personnel and adjudicatory personnel, claim to declare the act illegal and make him bear the defence for procedural legal responsibility, sustain procedural sanction according to procedural legal norm, In a criminal proceeding, procedural defence not only owns particular values on correction of procedural illegal act committed by scout organizations, prosecutorial organizations and adjudicator organizations and their personnel, restriction on abuse of national power and safeguarding legal rights of criminal suspects and defenders, but also have great significance on formation the rational structure of action, maintaining dignity of suitcase procedure and promote judicial justice. But as a "aggressive" defence, developing procedural defence needs excellent legislation, system environment and fluent operating procedure. Otherwise there are many insufficiency in current legal system of our country, as that not sound criminal procedure regulations, short of judicial review system and procedural adjudication system, inherent limits on system of the court of second instance being the final instance, defect of attestation rules, not perfect procedural sanction system etc. All that cause it is very hard to carry out procedural defence system in our country. So all-oriented revolution on current criminal suitcase system should be pursued in order to operate really and play its proper role. The thesis analyses the present situation of procedural defence in our country on the basis of research on basic theory of procedural defence, and file suggest further to perfect criminal procedural defence.