The Study On Question Of The Procedural Sanctions On Mechanism Of China

In the judicial practice of China, because of long-term influence of "heavy entity light procedure", leading to lack of attention to the procedural illegal criminal proceedings behavior, more a lack of clear and specific sanctions regime. At the same time, unjusts appear in the judicial practice in our country also telling us that 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 are general existing. Not only undermine the law order, but also infringes upon the fundamental rights of the participants in the proceedings, especially criminal suspects or defendants. And China’s current Criminal Procedure principal regulatory entity class legal issues, as well as participants in the proceedings shall observe the procedural norms, for investigation, prosecution and trial organs in the process of criminal proceedings may implement the provisions of the procedural illegal behavior is not only less content, scope, narrow, the way of sanctions is too single. Therefore, establishing the procedural sanctions regime has theoretical value and practical significance.By contrast, extraterritorial major countries have established a more comprehensive system of procedural sanctions regime, such as illegal evidence exclusion rules, revocation of the prosecution, the actions ineffective system of litigation and termination system, and that various sanctions way also has a definite start the program, the applicable scope, legal consequences and so on. These provisions for the implementation of a clear legal responsibility procedural violations authorities to achieve fairness and justice of the law has great significance progress. At the same time, we should learn the legislation and practice of extraterritorial major countries. We expect to make procedural sanctions regime in the country to obtain independent legal status.The paper starts from the basic theoretical issues of procedural sanctions regime, after the analysis of the procedural sanctions regime concept, classification and characteristics, this paper draw out the legal basisi of the procedural sanctions. That is to say, the concept of procedural justice, the concept of human rights protection and power restriction and supervision idea. Through the discussion of this part to clarify the important role of procedural sanctions to realize the procedural value; Followed by combing extraterritorial national criminal procedural sanctions mechanism provide useful lessons to improve China’s criminal procedural sanctions mechanism.Analyzing the status quo of China’s criminal procedural sanctions mechanism,the paper reveals the defects of China’s criminal procedural sanctions mechanism; Finally, the paper gives suggestions of constructing our country criminal litigation procedural sanctions regime.In view of the above analysis of the defects of procedural sanctions mechanism in China, the paper puts forward the basic idea of reform of criminal procedural sanction mechanism in our country. Mainly through perfecting the illegal evidence elimination rule and revoked the original judgment, the retrial system, adding new criminal procedural sanctions,improving procedural referee mechanism and constructing a procedural trial and so on to improve China’s criminal.