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The Study On Questions Of The Criminal Procedural Sanction System

Posted on:2009-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:W XiaFull Text:PDF
GTID:2166360245488930Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Why such illegal phenomenon as torture, extended custody , infringement upon the right of defense, etc, despite repeated prohibition in judicial practice. An important reason is that lack of procedural law of procedural sanctions regime. The procedural criminal sanctions, by making the public security organs of breach of the statutory litigation proceedings, bear the legal consequences of adverse manner, contain procedural violations, to provide the right relief to the victims.The article first introduced the Criminal Procedure sanctions concept. From its basic attributes intrinsic value analysis, special advantages and shortcomings in terms of the three made a detailed presentation and analysis. Then the article inspected the focus of criminal proceedings abroad sanctions regime. From the application of the consequences of sanctions and inspected the main countries of the Two Schools of illegal evidence exclusion rules, termination of proceedings, the withdrawal of conviction, judicial actions null and void, lifting a lighter sentence in custody and six procedural sanctions Then on the illegal criminal evidence established the exclusionary rule and revocation of the original sentence, two procedures of the sanctions legislation status quo. Through inspection of the two procedures of the existing sanctions regime running the practice, of the significance of its progress and shortcomingsFinally, the proposed articles of our country's Criminal Procedure to establish and perfect the system of sanctions against the idea. China's Criminal Procedure made of the sanctions regime should be established and the concept of value principles. The article further analysis of China's existing Criminal Procedure of the sanctions regime perfect measures, as well as construction of China's Criminal Procedural system as a whole system envisaged. In short, China's Criminal Procedural sanctions in the establishment and improvement of systems, procedures must be both foreign and the successful experience of the sanctions regime, and based on the existing legal system in China basis, we see the establishment of procedures of the sanctions regime and the need to improve, and attention to its feasibility. In China's Criminal Procedure of the concrete construction of the sanctions regime, a rights relief should be based on the value of attention to the balance of the proceedings, gradually expand the scope of the sanctions, the sanctions gradually improve, in addition to establishing a procedural decision support system.
Keywords/Search Tags:procedural sanction, form of sanction, right relief
PDF Full Text Request
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