Criminal Procedural Sanctions

There is always an offence sanctions, sanctions are inherent elements of the law is to protect the laws of the necessary mechanisms for the realization of the equity and justice. Therefore, the criminal law in the establishment of elements of a crime, but also provisions to be borne by the perpetrators of criminal responsibility to bear and the types and extent of the penalties; established in the Civil Code violations, violations of the constituent elements, but also identify specific civil law responsibility. The Administrative Law provides for administrative violations, but also to establish administrative punishment system. It can be said that in the almost Substantive laws, the legal system of sanctions are an integral part.Obviously, the liability established by the Substantive laws almost invariably have a "substantial sanction" in nature. However, if a offence occurred in the course of the criminal procedure, there is no reach to the extent of substantive offence, can lead to the outcome of the procedural sanctions?To solve this problem, Western countries have established special regime of procedural sanction, those engaged in making polices, prosecutors and judges who disobey the procedure of criminal law should take corresponding legal consequences. For example, the establishment of a common-law rules exclude illegal evidence, the prosecution system and the withdrawal of the trial guilty verdict overturned system, the law makes the police do not have the evidence admissibility of the prosecution violations of the rights of citizens to file against the way the court declared invalid, Court of First Instance in violation of constitutional rights of the accused in the case of guilty verdict by the Court of Appeal overturned. Again, most of the civil law countries established a system about nullification of the procedural act, making the police, prosecutors and even judicial officials in the implementation of the violation of the pre-trial proceedings, the interested party applications can be declared null and void by a court, thus do not have any legal effect.By contrast, Chinese criminal procedural law does not establish the procedural sanctions regime, in criminal practice, extorting confessions by torture and extended detention, violations of the right to defence, prosecution and other violations of procedures phenomenon despite repeated prohibition. Especially in 1996, China has also failed to establish exclusion of the illegal evidence. This brings to the Criminal Procedure Law only is the dependency and tools, and there can be no independent dignity and values. Therefore, the establishment of the regime of criminal procedural sanctions has very important significance.This paper divides six parts, respectively from the procedures of the meaning and value of the sanctions, and procedures of the unique advantages of sanctions, the main ways of sanctions in Western countries, procedures of the sanctions mechanism of the defects and causes, and improve our procedures for the basic mechanism of sanctions.The first part is the beginning of the whole paper, procedural sanctions, illegal procedural of criminal law, entity the concept of the sanctions carry on explaining. And compare the dissimilarity of the procedural sanctions and entitative sanctions, and uncover the object of procedural sanctions and the way for producing result.The second part mainly set out the value of the procedural sanctions. Such sanctions have given the procedure a completely independent value. The value of the procedural sanctions includes the value of right relief, the value of inhibiting power, the value of justice.The third part reveals the unique advantages of procedural sanctions, Procedural sanctions can be sanction almost all violations of the criminal proceedings, made up the shortage of entitative sanctions.The fourth part mainly introduces the main way of procedural sanctions in Western countries, including exclusion of the illegal evidence, terminating litigation, repealling the original sentence, nullification of the procedural act and so on. The way of procedural sanctions in Western countries can provide ideas about improving our procedural sanctions.The fifth part mainly discusses the flaws and shortcomings of our existing procedural sanctions. And analysis of the reasons of the flaws from the basis of human nature, legal origin, and value orientation. The sixth part is the last part of my paper. It put forward a basic idea about improving our procedural sanctions. Our procedural sanctions can be improved by expanding the scope, increasing the way of procedural sanctions, establishing a regime of procedural sanctions. Finally the author will analyses another question outside the procedural sanctions.