On Study Of Remanding The Case Caused By Violation Against Trial Procedure

The trial procedures violation is a type of violation of procedural law, and also one of the procedural breaches in judicial practice that are not generally subject to sanctions in the true sense. The value and importance of sending cases breaching trial procedures back for retrial lie not only in its surface error-correction function, but also in its right-relieving function for the relevant participants in the proceedings, especially the parties of a lawsuit. However, in judicial practice, the party concerned can hardly win a suit by appealing against the breach of the first-instance procedure. To say the least, even if the appeal succeeded, the case may probably continue to be in custody to face the embarrassing situation. Therefore, with a view to maintain the justice of the judicial procedures and the value of right relief, it is absolutely necessary to reflect on issues related to the remand of illegal trial procedures.By defining the concepts of breach of procedural law and its sanctions, the trial procedures violation and its sanctions, etc., this paper gives a detailed analysis of the legislative loopholes as well as the drawbacks that result, and proposes the author's ideas on the reform of the remanding system of illegal trial procedures. In addition to Introduction and Conclusion, the body of the paper consists of three parts, in a total of twenty thousand words. The main contents are as follows:The first part focuses on the trial process, introduced by the principle of remanding illegal trial procedures. In this section, the author of the paper analyzes and defines the concepts of breach of procedural law, the trial procedures violation and their sanctions, and then explores further the practical significance of the remanding system of illegal trial procedures. In this section, the author make the following point: there are several problems in certain scholars'attempt to define the concept of breach of procedural law. Breach of procedural law should refer to the conduct of specific agencies and their staff that have the right of investigation, prosecution authority or jurisdiction when implementing trial proceedings which violate the law of criminal procedure, infringe on public interests or the legitimate rights of the parties and other participants in the proceedings; the most important difference between breach of procedural law and the trial procedures violation is that the subject scope of the former is broader than that of the latter; "procedural sanctions" should refer to the legal proceedings established to punish and deter violations of the investigation, prosecution and trial procedures; the remanding of illegal trial procedures is essentially a procedural sanction; the establishment of the remanding system of illegal trial procedures fully reflects its independent value, and to some extent contributes to the realization of the value of right relief, though there are some limitations in realizing that.The second part mainly dwells on the existing design problems in this country's remanding system of illegal trial procedures. This section lists several major issues that exist in the design of Criminal Procedure Law system: the meaning of that legislation is not clear, the remanding terms unreasonable, and the re-examining program design is not standardized. The ambiguity of legislative meaning is mainly manifested in Article 191 of the current Criminal Procedure Law on the two points of "may affect trial justice" and "other proceedings in violation of the law,"; the unreasonableness of the remanding terms is mainly shown in designing the two conditions of "violation of trial publicity " and "restriction or deprivation of the rights of parties to the litigation, " and designing the condition scope of remanding trial proceedings.Based on the second part, the third part present several proposals on the reform of the remanding system of illegal procedures in its legislative meaning, condition design, and procedure design. First of all, to clarify the meaning of legislation by dissecting "may affect trial justice" and "other proceedings in violation of the law," and proposing amendments to the program; Secondly, to perfect the conditions for a retrial by means of "a modest expansion of the condition scope" so as to "hierarchize" and "crystalize" the statutory terms and other reforms; Finally, to reform the procedures for the resumption by "improving the review rules for second-instance procedure" and "improving the retrial procedure" , and thereby to amend the existing remanding system of illegal trial procedures.