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Establishment And Perfection Of China's Criminal Procedural Sanctions Regime

Posted on:2006-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:L M WangFull Text:PDF
GTID:2206360155461264Subject:Procedural Law
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An important reason why such illegal phenomenon as torture, extended custody, infringement upon the right of defense, etc, have been surviving the prohibition time and again lies in the absence of procedural sanction in the criminal procedure law of our country. By letting judicial organs undertake the disadvantageous results caused by illegal behaviors which breach the legal litigation procedure, the criminal procedural system of sanction restricts the procedure-breached behaviors and provides rights relief to victims. The procedural sanction can't be replaced by such substantial sanction as criminal sanction, civil sanction, disciplinary sanction, in the aspects of application domain, implementation mechanism and function. The development of procedural sanction is of great importance to providing rights relief for victims, restraining procedural breaches, improving the independent value of procedure.This article analyzes the necessity and possibility of perfecting the criminal procedural system of sanction in our country, researches and studies foreign criminal procedural system of sanction, puts forward the construction and perfection of the criminal procedural system of sanction in our country on the base of the present conditions in our country. The first part introduces the present conditions of the criminal procedural system of sanction in our country. Firstly, the author defines the conception of the criminal procedural system of sanction from four angles that the main body of sanction power, the sanction domain, object of sanction, result of sanction. Then the author introduces the present legislation condition of the criminal procedural system. At present, the rule of illegal evidences elimination and canceling former judgment, returning for judgment are constructed in our country. From the aspects of strait sanction domain, few method of sanction and obscure aim of rights relief, the author analyzes its main defect and investigates their operation.Then the author analyzes the necessity and possibility of developing the criminal procedural system of sanction in our country . From the aspects that special advantages, rights relief, setting up the judicial authority, achieving the procedural justice and efficiency, the logic perfect and practical demand of the criminal procedural sanction, the author analyzes the necessity of construction and perfection of the criminal procedural system of sanction in our country. From the positive factors that the impulse of local theory research, learning from foreign system, the procedural ideal transformation, the existing legislation basis and the experience of the practice enforcement, and the factors of self-restriction, situation of crimes, matching systems andprocedural consciousness which influence our country's criminal procedural system of sanction, the author analyzes the feasibility of construction and perfection of the criminal procedural system of sanction in our country.We must learn from the foreign criminal procedural system of sanction to develop ours. In this article the author investigates the foreign criminal procedural system of sanction. In the aspects of application domain and consequence of sanction, the author discusses the following six forms of sanction in the two law families: rule of exclusion of the illegal evidence, terminating litigation(canceling prosecution), revocation of original sinful judgment, nullification of the procedural act, exemption of detaining and imposion of a lenient sentence. Then the author definitely analyzes what we can learn from them..In the last, the author puts forward the imagination of construction and perfection of the criminal procedural system of sanction. The author analyzes the idea of rights relief and rule of value balancing and proportionment which should be established in our country's criminal procedural system of sanction . Moreover, the author puts forward the nullification of the procedural act and other kinds of sanction which should be established in the criminal procedural system of sanction. Nullification of the procedural act consists of rule of exclusion of illegal evidence, canceling prosecution and revocation of original judgment . Other kinds of sanction includes procedural remedy, exemption of detaining, terminating litigation and imposion of a lenient sentence .The author also analyzes that the realization of the criminal procedural system of sanction in our country depends on the construction of procedural system of sanction, and concisely introduces the main factors of the procedural judgment: procedural application, procedural judger, rejoinder and audition of procedure, responsibility and standard of attestation.In a word* we must not only learn from foreign criminal procedural system of sanction , but also consider current procedural system, and see the need and feasibility of the construction and perfection of the procedural system of sanction to construct and perfect the criminal procedural system of sanction in our country. We should notice the balance of various procedural values on the base of rights relief when we construct the criminal procedural system of sanction in our country. We should broaden the sanction domain and perfect the form of sanction, or the prospect of procedural system of sanction in our country will be damaged.
Keywords/Search Tags:procedural sanction, form of sanction, right relief
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