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On The Criminal Procedural Sanctions

Posted on:2009-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
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The procedural remedy measure of criminal is very important sanction in criminal procedural because of differences of the lawsuit value. Each country in the world has made all kinds of colors legal system, which shows the attitude of the value of lawsuit through the exclusive rule of the illegal evidence and the criminal court action of nullity. Although the illegal wordage being exclusive in our country we have not grasped the exclusive rule that makes it can not be truly affected. To the criminal court action of nullity, it has been blank in china, never saying in judicial practice. As lacking of profound theory and cognition of the criminal exocentric rules, Its been constructed. The writer thinks that it is the basement and premise which definite the attribute of jurisdiction and the administration attribution of right of investigating and prosecutorial power, also makes investigating prosecuting power, trial accepted judicial review, design the specific system at the same time. It has natural rights support in judicial system and has relief approach for the attainder especially for the criminal suspect and the accused.From the inscape of the regulations analyzing the necessity,essentiality and the procedural remedy measure of criminal. It will give the basement of a theory and the support of value. In the trend of the use for reference and amalgamation of the two families of laws, in the tide of the all-in-one try to construct the procedural remedy measure of criminal. This construction is not only in the technical regulations, but also on the value ground. Consummate the exclusive rule of the illegal evidence and design the system of the void act.It has three parts in the article, As follows:The first part is analyzing the procedural remedy measure of criminal. Law remedy is not all the inscapes of the regulations. But in the criminal law field, it is necessary. The procedural remedy measure of criminal is aimed at substantial remedy which through declaring void act of the evidence, behavior and verdict by offending proceeding, which are malignant in subjective and have the legal consequence in objective, which not only refers to the action of vioating proceeding, but also the public tort, even the constitutional tort. So as to make the procedural remedy measure has meanings and the profound theory.The second part is to construct the procedural remedy measure of criminal on the contrast of the two law systems. As for me the exclusive rule of illegal evidence of Anglo-American law system and criminal court action of nullity of continental law system. Each has his merits. As a matter of fact, on the base of the law theory and judicial practice, the two of them are already not very clear, but use for reference and amalgamation, both of them are in favor of relieving the human rights and realizing the procedural impartiality. In this part the author analyze the admissbility of the illegal evidence and the concept, standard cure sequence of the void act, hoping to avail to construction in our country, mainly in the values principle points and the scopes. Respect and assurance of human rights becoming international, criminal procedure has not been set up perfect procedural remedy measure. It is a pity for us that for a long time the police and the procuratorate and the court have the attitude of all-in-one benefits. They have been the tool of people's democratic dictatorship and under the convoying of reform and opening. Actually, in the society ruled by law, I investigative power and prosecutorial power have the administration attribution. Under the leadership of the National People's Congress, the police have jurisdiction, at least, it can restrict deprive the human fundamental rights, even though it has the ultimate vice. So, it's necessary to transplant and inhabitant. From paying much attention to the substance to ignoring procedure, from pursuing crime to ignoring assurance of human rights to have its independent value and dignity not just an appendage and a tool for criminal law.The third discusses forming a complete set of the procedural remedy measure of criminal. Judicial review is imported for the jurisdiction being judging character and the investigation and prosecutorial power having administration attribution. Procedural judging mechanism and evidence disclosure have been constituted. Only in this way can have satisfying the effect of implement.It can't be solve all the problems, but if it hasn't constructed, it should come forth more and more questions. We can't be holding aloof and be all at once. Things are connected, the procedural remedy measure of criminal is not an exception. We'll absorb the rational factor. Someone once said:"the real danger of judicatory lies in the coward boycotting to the rational reform and in the dogged persisting of outmoded conventions."...
Keywords/Search Tags:legal sanction, procedural sanction, removal of illegal evidence, void of court action
PDF Full Text Request
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