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The Theory Of Procedural Sanctions Violations

Posted on:2013-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:S MaFull Text:PDF
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There is always an offence sanction. Such illegal phenomenon as torture, extend custody, infringement upon the right of defense, etc, have been surviving the prohibition time and again in criminal practice, but Chinese criminal procedural law doesn’t establish the procedure sanction of those illegal acts which breach the legal litigation procedure from the criminal procedure system and its people. Therefore, how to restrain procedural breaches and provide rights relief for victims has become a great problem which needs to be solved immediately.This article analyzes illegal acts which breach the legal litigation procedure and does a study of the sanction mechanism, try to construct and perfect the sanction system of the illegal procedural behaviors. Except the instruction and conclusion, there are four parts in the whole article.In the first part, illegal procedure behavior of criminal law carries on explaining, as well as its characters. The author analyzes the necessity of developing the criminal procedural system of sanction in our country, compares the procedural sanction with the substantial sanction.The second part mainly introduces the main way of procedural sanction in Western countries and Macao area in our country, including exclusion of illegal evidence, terminating litigation, repealing the original sentence, nullification of procedural act and so on from two legal systems.The third part discusses the current legislation on sanction mechanism of procedural illegal acts, analyzes the flaws and shortcomings and points out the reasons of the missing of procedural sanction mechanism.The fourth part elaborates the principles that procedural sanction should follow and puts forward the imagination of construction and perfection the sanction mechanism of criminal illegal acts. On one hand, investigate the possible space that current substantial sanction can be improved, especially the refinement of state compensation and establish an independent lawsuit of civil compensation; on the other hand, our procedural sanctions can be improved by expanding the scope increasing the way of procedural sanction, and establishing a regime of procedural sanctions.The conclusion emphasizes the view of this article and describes the future of sanction mechanism of illegal procedural behaviors in our country. It is necessary for us to establish and perfect procedural sanction mechanism, which would work with the substantial sanction to cut down the torture.
Keywords/Search Tags:Procedural illegal acts, Substantial sanction, Procedural sanction
PDF Full Text Request
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