On The Procedural Defense In Criminal Proceedings

The implementation of "Illegal evidence excluded rule" and the revised criminal procedure law in2012provide a new opportunity for procedural defense. However, it is still difficult in practice due to the lack of procedural rules in the sanction of public authority on procedural violations and most procedural rules are vague, therefore procedural violations cannot be ruled clearly. In order to achieve of restricting public authority’s litigation behavior and Safeguard the legitimate rights and interests of the defendant, procedural defense system should be improved. The author believes that China should continue to improve the procedural judicial system, broaden the range of procedural defense system applicable and incorporate more violation of the procedures in the scope of judicial review, add the evidence requirements of Handling death penalty cases to ordinary criminal cases about the contents of excluding illegally obtained documentary evidence, physical evidence and audio-visual material, all criminal cases should apply uniform evidence exclusion criteria, there is no need to distinguish death penalty cases and ordinary criminal cases. In order to make the applicable standard of illegal evidence exclusion rules clearer, the illegal interrogation techniques investigators used should be listed by law in judicial practice. The second instance procedure should build a specialized program review process compared with the first instance procedure, once the parties have objection to the trial procedures of the court of first Instance, the judge of the court of second instance should hold independent procedural hearing. Moreover, legislators should build dismiss of charge system apply to abuse power to prosecute of investigative organization and prosecuting apparatus on the basis of American dismiss of charge system.