Study Of Criminal Procedural Sanctions Regime

With the continueal advancement of law rule and,the continueal reform and improvement of the judicial system, China's Criminal Procedure Law in a global procedural culture tide has been improvement .The revised code of Criminal Procedure of 1996 reflects our legislative and judicial protection of human rights issues and procedures of independent value concerns. Values from the criminal point of view, "heavy entity," "light process" phenomenon has improved. , especially in the theory of China's legal profession, the academics on this issue from different perspectives to analyze and elaborated and put forward some constructive suggestions and reform of the system. However, due to inadequate legislation and judicial practice in the hardships and dangers, the criminal procedural law sanctions are still not satisfactory. Extorting confessions by torture, extended detention, delays in prosecution despite repeated prohibition. The pursuit of substantive justice at all costs and the expense of procedural justice. in my opinion, its main reason is that China lacks the procedures of the sanctions regime. In China,the law contains two kinds of procedural sanction, these two methods are applicable not only in a narrow range of sanctions, form of sanctions single, but also The purpose of the right to relief is not enough obviously. This will lead to a large extent, the current Code of Criminal Procedure is the lack of a sanctions regime is in breach of the legal consequences of not following the "soft" approach. Therefore, some scholars have recognized the need for procedural violations of the constraints, the establishment of the criminal justice system in line with our procedural sanctions regime.The article from our criminal procedural status of the sanctions regime are analyzed China's existing criminal procedural imperfections of the sanctions regime, and the reference to foreign criminal proceedings through the study of the sanctions regime, the legislative establish and improve the criminal procedure of the sanctions regime. In building a procedural sanction a specific system, the right to relief should be based on the value of attention to the balance of the proceedings, gradually expand the scope of procedural sanctions, and Continuously improve the sanctions regime, while establishing a number of supporting mechanism. Full-text from the preamble, body and conclusions of the three major components. Among them, the body parts of four chapters for discussion: the first chapter begins by law on the procedural features of the concept and analysis of proposed procedural implications of the sanctions regime, and then set out the legal basis of the criminal procedural sanctions regime of and procedural sanctions regime in the real value of the independence of the judicial practice, as well as domestic procedural different attitudes to the sanctions regime. confirmed the procedural nature of the sanctions regime The second chapter introduce two Schools of criminal procedural pattern comparison and evaluation of the sanctions. The third chapter from the criminal procedure of the sanctions regime in China currently the status of the legislative and the judiciary to identify our existing criminal procedural defects in the sanctions regime. Analysis of China's Criminal Procedural shortcomings of the causes of the sanctions regime. The forth chapter through the improvement of the old system, the new system of building and supporting systems related to three aspects of protection of the common judicial practice of building consistent with the requirements of China's criminal procedural sanctions regime.