Basic Principles And Applicable Research Of Procedural Sanctions

The process of litigation activity,judicial organs will always inadvertently touched the lawsuit legal system of the prohibitive provisions and produce some different severity and the nature of the illegal act,such as the investigation organ illegal evidence,the suspect,the defendant detention and prosecuting authority says the abuse of public prosecution,and so on.Sanctions against illegal behavior in the process of litigation,this already became the consensus of the academic circles,but complicated how different types of illegal ACTS and according to the different standards for appropriate sanctions are disputed topic,has not yet been obtained more consistent understanding.Although the relevant legal system has been making unremitting efforts and exploration to try to fill this loophole,it has achieved little effect.Reference to the similar problem is not unique in our country,outside the practice of many countries to deal with similar problems are set up special procedural sanction mechanism,such as our familiar system of illegal evidence exclusion rule,cancellation charges,litigation termination and so on.The other side of the world is always beautiful,when these systems are introduced into China's judicial practice,but there are many variations,deeply dissatisfied.How to deal with this problem and find a solution to the judicial practice in our country,our country academic circles of scholars after years of research are also put forward many ideas,the theory of procedural sanctions provides a good solution for us,this article attempts to the object of sanctions,procedural illegal behavior on the basis of comprehensive combing,decided that the illegal nature,the different degree and produce harmful consequences,designed with the corresponding way of procedural sanctions,make up for the current of the illegal evidence elimination rule of the defect of system design is too weak,because in practice "or mandatory exclusion or absolute adopted" extreme exclusion rules of evidence,cannot play their role very well.The first part,introduction to academic circles different views of the theory,on the basis of this puts forward his own thinking,attempt to improve and complement the theory,and expounds the main body of procedural sanctions,objects,and what way to take the basic problem of sanctions.Concrete building in the second part,detailed distinction between procedural sanctions must be based on the different levels of procedural illegal type,according to the standard will procedural illegal behavior according to the three litigation stage,investigation,prosecution and trial,and in each stage according to the seriousness of the violations and infringement levels made three divided procedural defects behavior-and serious infringement and constitutional tort.The third part is to design the corresponding procedural sanction measures according to the degree of torts,or "make up" or "make a reasonable explanation",eliminate and exclude completely.