Procedural Disposal Research On The Defective Search Activities

The defect search activities is a kind of improper search that violates the procedural rules.There is a kind of dislocation relation between the defective search activities and the slight defective search evidence.In where the research arises.The disposal research is determined to study the effectiveness cognizance and the defects of the related problems,including the subject that should be? Who starts,who decides? How to determine the standard of the effectiveness? What are the legal consequences after the effect is determined? What influence will arising on other proceedings or legal relationships after the effectiveness cognizance?This paper firstly puts forward the concept of defect search activities by describing the concept of search and introducing search activities elements.Through studying the rules about defective activities form The Two Rules of Evidence,combining with the lawsuit activities theory to derive the concept of defective search behavior,then make concept comparison with Blemish Evidence and Illegal Search etc.In order to grasp the concept specifically,the article summarizes the expressive styles of defect search behavior basing on detection principle of the rule of law,and supporting by examples,and reveals the subject reasons and practical reasons of which the defective search activities come into being.Before the design of specific disposal mode,this paper introduces the Invalid litigation System in the common law,and from a Procedural illegal disposal view,analyzes some of the characteristics of these specific systems,including the effectiveness cognizance standard and methods,the parties' procedural participation right and so on.In procedural disposal mechanism construction part,the article first designed the program structure of defect search behavior effectiveness cognizance procedure,set up a tripartite-structure-like structure build on the program startup subject,cognizance subject and participate in the program.In the entity part of the effectiveness procedure,the paper put forward to Justice standard as the fundamental standard of effectiveness cognizance,and claimed gives proper discretion to the judge basis on perfect search system around Detailed laws and regulations.Then the article put forward two modes of procedural disposition,including absolutely invalid mode and correctable invalid mode,then analyzed the two patterns accompanying legal consequences.Finally,in view of the real possibility that procedural illegal could violate substantive law norms,the paper briefly discussed that in the case of the procedural illegal violation of civil law and administrative law,the legal relation should be solved adopted by the principle that the disposal of entity and the disposal of procedure should be treated separately.