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Criminal procedural sanctions regime

Author: TianLi
Tutor: RanCui
School: Southwest University for Nationalities
Course: Procedural Law
Keywords: Procedural sanctions Status and Problems of Perfection of Legislation
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 84
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Abstract


Continue to push forward with the rule of law, reform of the judicial system constantly improved, of the Code of Criminal Procedure has made considerable development in the world of litigation cultural trends. The 1996 amendments to the Code of Criminal Procedure of litigation is a major breakthrough, the revised Criminal Procedure Law to give some attention to the issue of the protection of human rights and the independent value of the program. \However, due to imperfect legislation and judicial practice of obstacles and difficulties. Torture and extended detention of criminal procedural violations still repeated. Criminal activities in pursuit of substantive justice at all costs and expense of procedural justice. In my opinion, the main reason of the lack of well-established procedures of the sanctions regime. In our country, the criminal proceedings only established illegal evidence exclusion rules and cassation, remand in two procedural sanction, both sanctions are applicable not only to the scope of limited sanctions efforts, and the purpose of the right to relief is not enough. This will lead to a large extent the current Code of Criminal Procedure is a lack of sanctions mechanism is a violation of the legal consequences of \Therefore, some scholars have been aware of the constraints, to establish the program must be illegal the criminal procedural sanctions regime in line with our judicial system. Start from the status quo of China's legislative and judicial status quo analysis of the existing criminal procedural sanctions regime is imperfect, learn from foreign advanced by examining the criminal procedural sanction mechanisms, the establishment and improvement of China's criminal procedural sanctions mechanism. The system should be based on the right to relief, pay attention to the balance of the litigation value, and gradually expand the scope of procedural sanctions, and constantly improve the sanction is, at the same time to establish some supporting mechanism. Text composed by three parts of the preface, text and conclusions. Among them, the body part of the four chapters are discussed: the first chapter of the analysis of the concept and characteristics of procedural violations, the proposed procedural meaning of the sanctions regime, and then set forth the legal basis of the criminal of procedural sanctions regime behind procedural sanctions regime independent value as well as the reality of judicial practice the different attitudes of the domestic procedural sanctions regime. Proposed procedural future of the sanctions regime. The second Chapter Two Schools Criminal Procedural Sanction mode comparison and evaluation. Chapter from criminal procedural sanctions regime starting in the legislative and judicial status quo to identify the flaws of our existing criminal procedural sanctions regime. Analysis of the causes of defects in our criminal procedural sanctions regime. Chapter through the perfection of the old system, the construction of the new system as well as the supporting system to protect three aspects together to build criminal procedural sanction mechanisms that meet the requirements of our judicial practice.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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