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The Study Of Criminal Procedural Sanctions In China

Posted on:2012-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:J G LiFull Text:PDF
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Criminal procedural illegal behavior main body of public security organs, such as extorting a confession by torture, illegal, illegal search and seizure. The court and the procurator ate also exist in criminal procedural illegal activities, such as the judge did not comply with the open trial provisions, no guarantee of right to defense of the accused, not in accordance with the avoidance. According to the breach of procedural law of severity, procedural illegal behavior can be divided into the technical violations of law or procedure defect behavior, general procedural violations, and serious breach of procedural law. The classification of the procedural illegal activities the most important class of.The criminal procedural sanction is distinguished from the entity of sanction of a concept, the essence; it is the program illegal main body assumes "procedural rights" procedural adverse consequences. From our country judicial present situation, the existence of a large number of procedural illegal activities, so the implementation of procedural sanction has very strong necessity, targeted and practical significance. " Procedural justice"," authority duty to agree"," human rights"," balance between the prosecution and the defense" is the four big procedural sanction theory. According to the procedural sanction applicable objects, the procedural sanction in the form of identified for the exclusion of illegally obtained evidence, to rescind the original judgment, order or to withdraw, as for a lawsuit behavior, termination of criminal litigation and mercy and other forms of.In current judicial practice only establish " exclusion of illegal evidence" and" reversed" two types of procedural sanction forms, and two forms in practice there are still many defects." Exclusion of illegal evidence" only in the judicial interpretation of the level, but not in the criminal litigation law level has been established, group liability is not fundamentally restrain judicial organs individual staff procedural illegal impulse, and the rules in the theory of excessive deterrence", but has resulted in the practice of the "deterrence is insufficient". "Reversed and remanded" fails to reflect our trial system value. Said from some kind of significance, the procedural sanction neglect led to the spread of procedural illegal activities.Procedural sanction value lies in exploring the three equilibrium points:one is the entity justice and procedure justice balance between; a worldwide is the procedural sanction and China's procedural sanction of the balance between; third is the judicial authority and judicial rights of individuals in criminal proceedings prosecution and prosecution the right of two the balance of power. Procedural sanction is the fundamental purpose of the public security organs, referee in the investigation, prosecution and trial procedural illegal activity validity, to eliminate the criminal procedural interest, to punish the procedural illegal activities, the protection of citizens'basic rights. In order to realize the procedural sanction of the value and purpose, must be finished as soon as possible in our criminal procedural sanction system local construction. Procedural sanction first need to establish an independent procedural judgment system. The criminal procedural verdict system is the implementation of procedural sanction of the foundation and the premise, only to build a benign procedure of adjudication system, clear the procedure judgment of the burden and standard of proof, especially a clear procedural sanction basic forms in practical application, procedural sanction to play its due effect to achieve its purpose. Procedural sanctions also need to perfect the system of counsel. The procedural defense in order to achieve the purpose of procedural sanction. In the future course of judicial reform should be promoted step by step, lawyer's legal status, in scoring, with safety, freedom, giving it enough to contend with judicial rights, through strengthening law litigation right of defense, to further promote the Chinese criminal procedural sanction system's development and perfection.
Keywords/Search Tags:criminal procedural illegal behavior, criminal procedural sanction, criminal procedural referee
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