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Analysis Of Chinese Criminal Procedural Sanction System

Posted on:2017-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:C P WangFull Text:PDF
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Based on the judicial organ and the official media in recent years has been publicly disclosed in hubeijingshan She Xiang Lin, henanshangqiu,hebeitangshanjiu-ming li zhaozuohai case case, zhang an uncle in hangzhou,zhejiang province, fujianfuzhou read bin case, case and Inner Mongolia,hebeishijiazhuangshubin case vocative giller wrongs such as design of the professionalism of the depth of thinking, the formation causes and related mechanisms we can tease out some of the questions with regularity and universality.In a word, behind each case are dominant or recessive contains the judicial personnel(law enforcement) a large amount of procedural illegal behavior, namely, torture,repeating investigation, detention, dropped, protracted illegal behavior, etc.All this, it make us prevails in the judicial practice in China for a long time in the "investigation center doctrine" and "heavy entity light procedure" existing value concept should survive the depth and rational question, also, "not wronged a good man or a bad guy" in the traditional law enforcement thinking and simple justice values, as well as the "strike hard" period "kills will break" formed by the solidification of law enforcement idea, they are mapping out the judicial practice in our country, for the crime control and the excessive paranoia and special preference of judicial efficiency.From these mistakes, traced back, it is easy to make such a basic judgment, it is because of long time our country judicial organ and the excessive pursuit of "entity justice" secular society, thus logically lead to the value concept of "procedural justice" deficiency in the judicial practice in our country, and even discarded by severe among intentionally or unintentionally.Today, the unique value of "procedural justice" has been our profound cognition and identity.We can say for sure, "trying to make people’s perception of justice in every judicial cases" the judicial goal of full implementation, emphatically cannot leave the criminal procedural sanctions regime of scientific construction and gradually perfected.Is based on the consensus and the revision of criminal procedure law in 2012, and in October 2014, the fourth plenarysession of the party’s 18 decisions, both in considerably further highlights the extreme importance of procedural justice and its inherent unique value, judicial law enforcement in the practice of the importance of procedural law is also growing.Throughout the rule of law in the field of foreign experience shows that any country in the judicial practice of law enforcement, will the varying degree existence certain procedural illegal, it in fact and on the universality of human nature, however,in order to carry on the effective regulation, rule by law country under the rule of law is the procedural illegal activities to build up a perfect management system and rigid system, sanctions to suit the default system practically maintaining procedural justice.In contrast, the gain and loss of the field in China are visible, the serious lack of procedural justice in our country procedural illegal behavior is often reappear, but administrative disciplinary action, state compensation, system of civil suit collateral to criminal proceeding and a series of substantive sanctions would not be enough to realize in the judicial practice in all the procedural illegal conduct effective punishment and predictable.At the same time, for the construction of procedural sanctions regime, our country is in the system construction of the juvenile stage, only provides two types of procedural sanctions: that illegal evidence elimination rule and cancel the original judgment, the retrial system.Based on the systematic thinking, this paper respectively the basic effect of substantive and procedural sanctions sanctions and its inherent defects were described in more depth, at the same time, strive to carding domestic controversy about the procedural sanctions and cohabitancy, hope in the form of procedural justice and substantive sanctions complement each other, realize effective disciplinary of procedural illegal behavior in China and predictable, in order to reveal application value, the maintenance of procedural justice.At the same time, through the of establishment and improvement of the procedural sanctions regime,shall be investigated according to law to the existing in our country or secondary wrongs of legal responsibility, and strengthen the judicial personnel to follow the law of procedure consciousness all has realistic meaning and profound historic value.This paper will be divided into the following seven parts:The first part: the carding of the basic problems of criminal procedural sanctions, such as the meaning and characteristic of criminal procedural sanctions category, in order to clearly define the basic connotation of criminal procedural sanctions;The second part: strengthen the research on the classification of the procedural illegal behavior in China, in order to clearly define the basic connotation of criminal procedural sanctions in China;The third part: focusing on the defects of substantive sanctions and procedural sanctions have unique value, and the necessity of construction of procedural sanctions regime, thus reveal procedural sanctions independent value;The fourth part: the key support from the theory, realistic foundation and cohabitancy controversy by three aspects, the feasibility of constructing procedural sanctions regime in our country further argument;The fifth part: focus on sanctions against foreign criminal procedural system of investigation and research, by comparative law research methods, for consummates our country criminal procedural sanctions regime in order to provide the institutional good reference;Sixth part: based on the legislation present situation, the development of our country from three aspects, such as resistance and existing defects of our country’s existing system of procedural sanctions to rational analysis, based on the inherent defects of procedural sanctions, for consummates our country criminal procedural sanctions systematic Suggestions;Part 7: state aimed at two aspects, such as general principles and specific measures on the basis of perfecting our country’s existing way of procedural sanctions, appropriate introduction and expansion in China’s criminal procedural sanctions, at the same time promote the function of the substantive justice and procedural sanctions regime synergy, to truly realize the value of procedural justice and substantive justice.
Keywords/Search Tags:procedural illegal, procedural sanctions, procedural justice, Judicial justice, human rights protection
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