On The Procedural Sanctions In The Criminal Proceedings

With China's increasing concern for human rights protection,China's laws are constantly improving and perfecting too. But the practice in criminal proceedings,various illegal conditions exist for a long.For example,the public security organs of extended detention, illegal evidence, and even obtaining oral evidences by which the way will be torture to as a basis for decision,Judge violation avoidance system,violation of the provisions of a public trial and so on.In this regard, China has always been to use more substantive sanction way to restrain procedural violations, but the effect is minimal.The underlying reason is China's legal system is not perfect in this area, the lack of specific operational system.based on the situation of our country is not above the established regulatory procedures for violations of procedural sanctions regime.Not based on the China's national conditions, establish procedural sanctions regime for governning the procedural violations .Although the existence of current legislation related to the design of procedural sanctions, but the lack of systematic procedures of the sanctions set.For example,although established the cassation of the remand system, but neither the description of the legislative intent of the legislature or the Supreme Court's judicial interpretation, are not any specific interpretation on the procedural sanctions.Their application in judicial practice is also very rare, which led to the sanctions of the criminal procedural system of the blank.To fill the gaps of the criminal Procedure sanctions system, and to solve a the procedural violations fundamentally, requires careful analysis of the existing law, according to China's own characteristics, from Western countries, program design, to develop a criminal with Chinese characteristics Procedural sanctions.Via the nature and reasons of procedural illegal, reveals that procedural illegal is an entity independent of the illegal form of substantive illegal.On the procedural nature of the sanctions, the legal basis for and limitations to sort out, revealing procedural sanctions is a separate entity sanctions of the legal consequences.On the procedural sanctions' status of the analysis, reveals the shortcomings of the procedural sanctions.Finally, in the comparison of Chinese and foreign procedural sanctions based on the research, combined with our national conditions, from the improve the existing system, create a new system, with a supporting system for the Improvement of procedural sanctions regime.