The Disposal Rules Research Of Criminal Minor Procedural Illegal Activities

As the conception of “emphases of entity, ignore of procedure”, combined with ourexisting procedures for sanctions system imperfect, minor procedural criminal behavior hasthe possibility and the inevitability of the appearance. Harmless error rule of common lawcountries and invalid criminal behavior of civil law nations are the disposal of two fairlyrepresentative of procedures for sanctions system. This paper compares harmless error rule ofthe United States with invalid criminal behavior of the French, trying to build the disposalrules of minor illegal procedural behavior.This paper is composed of three parts. The firstpart seeks to answer the question what is a minor criminal procedural behavior. How toidentify the minor illegal procedural behavior is to build the disposal rules of minor illegalprocedural behavior. The classifications of the criminal procedural behavior describe thecontent of the minor illegal procedural behavior. This paper thus explains the characteristicsand causes of the minor criminal procedural behavior. The second part answers the theoreticalbasis of the disposal rules of minor illegal procedural behavior. This paper discusses thejudicial justice and judicial efficiency, legal rationality and substantive justice and proceduralfairness. The third part answers how to build the disposal rules of minor illegal proceduralbehavior. This paper compares harmless error of the United States and invalid criminalbehavior of the French and discusses the identification of the rule, the effect of the rulesand the relief of the rule. The disposal rules of minor illegal procedural behavior shall be thecharacteristics of the diversity, clarity, and operability. According to the minor illegalprocedural behavior, we decide to apply a lighter or mitigated punishment or correctionprogram or give up the right to dissent or tort proceedings in the purpose of maintaining theprocedural and substantive rights of the parties. Improving the inspection and supervision bythe mechanisms and procedures of the sanctions mechanism, we improve the remedies rule.