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Study On The Improvement Of Type Of Procedural Sanctions In Our Country

Posted on:2013-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:J WuFull Text:PDF
GTID:2246330395951829Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Procedural sanction is that, in criminal proceedings, adverse consequences inlegal proceeding the public security authorities should bear for violating the CriminalProcedure Law. In common law countries, there are three types of procedural sanctionmainly: exclusion of the illegal evidence, system of prosecution revocation andsystem of original trial revocation. In civil law countries, procedural sanction is callednullification of the procedural act. In our country, we have established two types ofprocedural sanction: exclusion of the illegal evidence and system of quash originaltrial and remand. But due to various reasons, the two types of procedural sanction areplaying a very limited role in the intensity of sanction, and they are not wellimplemented in judicial, the purpose of the right relief can not be reflected. More andmore procedural illegal behaviors are made by the public security authorities. Thejudicial authority is damaged and the citizens’ confidence in the administration ofjustice is also injured. Therefore, on the whole, we have not established perfect typesof procedural sanction. The reform of procedural sanction is carried out very slowly inthe compromise of theory and practice. The discussion of my article includes fourparts mainly.The first part of my article begins with the value of the procedural sanction. ThenI will demonstrate the role of realizing the value of procedural sanction of each typeof procedural sanction. By the way, I will introduce some countries’ legislation ofprocedural sanction.In the second part of the article, I will introduce some extra-territorial legislationabout some types of procedural sanction. In common law countries, there are threetypes or procedural sanction: exclusion of the illegal evidence, system of prosecutionrevocation and system of original trial revocation. In civil law countries, proceduralsanction is called nullification of the procedural act. In the end of this part, I willmake some macro comparison of procedural sanction of the two kinds of law.In the third part of this article, I will analyze some defects of the existing twotypes of procedural sanction in our country. Then some courses of these defects willbe analyzed.In last part of my article, I will put forward some specific ideas to improve ourcountry’s types of procedural sanction contrary to the defects of procedural sanctionthat I have analyzed in the third part of this article. In this part, I first put forwardsome basic principles of improving our country’s types of procedural sanction, thensome specific measures will be introduced by referring advanced legislations fromforeign countries.
Keywords/Search Tags:Procedural Justice, Right Relief, Procedural Sanction
PDF Full Text Request
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