The Produce And Governance Of Procedural Offence-And The Re-Construction Of Procedural Sanctions System

Procedural violations by the police, procuratorate and court is the biggest obstacle in the implementation of the Code of Criminal ocedure. In recent years, many case of violations in criminal procedural laws led to seriously infringed upon the legitimate rights of the defendant's can often seen on media. To governance of this situation, in general there are two types of treatment methods in traditional sense, they are the entity sanctions, a typical disciplinary action, criminal penalties, criminal fringe civil prosecution, civil penalties, and so on. Such treatment method has been proven in practice for the effect is very limited. People then turn their attention to other sanctions, that's the sanctions of the procedural manner. Such sanctions in the form of sanctions of procedural violations has the unique mechanism; it can not works by the entity sanctions. This article is from this point of view to explore the good governance of violations of procedural law .Proceedings of the sanctions regime is not only the governance procedures of the law to ensure that the procedural law an important guarantee for the dignity, but also can play an important role in protection of human rights, so that it can established a new, more direct link between the Criminal Procedure Law and the state's fundamental law - the Constitution, and the relationship between the Criminal Procedure Law and the Constitution constitution is no longer just guiding the Code of Criminal Procedure legislation,but also for some serious harm suspects and defendants, the proceedings of fundamental rights and constitutional rights of applicable procedures of the sanctions regime automatically be excluded. Justice resist entities in the center of censure, the procedures of the Constitution as the legitimacy of the sanctions regime provided an important basis. At the same time, procedures of the sanctions regime provide a brand-new way to the justice of the Constitution.This article firstly introduce the concept of procedural law, then made a more scientific definition of the concept of procedures of the sanctions. On this basis, from the relationship between the Constitution and the Criminal Procedure Code of Criminal Procedure is that the perspective of the nature of the Bill of Rights that is the reason why as a human rights law in the Criminal Code of Criminal Procedure process was violated. Then traditional entities of sanctions, including disciplinary action, criminal penalties, criminal fringe civil prosecution, civil penalties, compensation and other means of national procedural law in the area of governance and direct its attention to the limitations of the procedural sanctions.Next, the paper cited a the type of evidence of illegal exclusionary rule of procedural sanctions regime that is, termination of litigation system, revocation of the original verdict system, judicial actions invalid system, detention system and the lifting of their respective advantages and limitations. Finally the paper reached on how to avoid procedural limitations of the conclusions of the sanctions regime.At the end of the paper, mainly on re-building of the model of China's procedures sanctions, the first part is nowadays China's procedures of the sanctions model including illegal evidence exclusion rules and revocation of the original sentence, warrant system and criticized. In light of these shortcomings, in principle, from the perspective of the four proposed reconfiguration of the procedural sanctions regime, namely: to violations of the defendant's legal rights have been violated as the criteria for judging the extent to decide whether the applicable procedures of the sanctions; Procedural sanctions should follow the principle of proportionality; Procedures can try to increase the types of sanctions in order to enable the use of such sanctions have some flexibility; Relief procedural rights with the Constitution as the foundation should be built.