The Study On Questions Of The Proeedural Sanctions On Mechanism

In current, widespread procedural violations in criminal proceedings, Such as extorting confessions by torture, illegal forensics extended detention, right of public prosecution abuse, arbitrarily deprive or limit the litigation rights of the parties and their clients, in violation of procedures phenomenon. Not only infringes upon the fundamental rights of the participants in the proceedings, especially criminal suspects or defendants, but also undermine the law order. To solve this problem, China’s major substantive sanctions to constraints in the Criminal Procedural violations, but with little success. The fundamental reason is that our current criminal procedural sanctions mechanism failed to obtain independent legal status, add new sanctions or to equip them with the appropriate support mechanisms in the context of the current judicial system is difficult benign operation.In order to prevent the police, prosecutors and judges to implement procedural violations, extraterritorial major countries have established specialized criminal procedural sanctions mechanism. Illegal evidence exclusion rules, revocation of the prosecution system the actions ineffective system of litigation termination system, such as a way that those police procedural violations, prosecutors and judges should bear the corresponding legal consequences. In contrast, China’s criminal procedure law only scattered provisions of the illegal evidence exclusion system of rules and remand both sanctions and procedural violations imbalance prevalent with criminal proceedings, it is difficult to reach the police and prosecutors strict compliance with the statutory procedures to prevent public power to infringe the rights of citizens, especially the legal effect of the constitutional rights of citizens and judges. Therefore, the establishment of procedural sanctions mechanism has theoretical value and practical significance.This paper is divided into five parts, the first to sort out from the connotation of the sanctions of the criminal procedural characteristics, the unique advantages and legal foundation, which is an independent legal consequences of the sanctions on the substantive reveal criminal procedural sanctions; criminal procedures and procedural violations as the study of the nature of the sanctions regime, the combing and evaluation of extraterritorial basic form of procedural violations, examine our common implementation of procedural violations by the police, prosecutors and judges; followed by combing extraterritorial national criminal procedural sanctions mechanism provide useful lessons to improve China’s criminal procedural sanctions mechanism; analysis of the status quo of China’s criminal procedural sanctions mechanism again reveals the defects of China’s criminal procedural sanctions mechanism; Finally the basic idea of the reform of China’s criminal procedural sanctions mechanism improve existing criminal procedural sanction mechanisms, adding new criminal procedural sanction improved procedural referee mechanisms, and construct a constructive criminal procedural sanction mechanisms and so on to improve China’s criminal procedural sanctions mechanism.