刑事诉讼中程序性违法及其制裁的探讨 [2]
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论文字数:1332论文编号:org201309080016509447语种:英语 English地区:中国价格:免费论文
关键词:刑事诉讼程序性违法制裁
摘要:程序性违法在实践中层出不穷,其中超期羁押、刑讯逼供等程序性违法现象更是引起人们的广泛关注,这都使得刑事诉讼法的实施陷入困境。本文研究了我国司法实践中程序性违法主要表现,深入分析程序性违法之成因,并在借鉴其他国家和地区相关制度和做法的基础上,提出了健全与完善我国刑事诉讼程序性制裁的设想,从而维护刑事诉讼法的尊严并实现程序正义。
ents, summed up in the following aspects.
Violation of criminal proceedings stage run the program. Code of Criminal Procedure , as procedural law , the biggest feature is procedural . Criminal Procedure countries are divided into different stages of the proceedings . The country is divided into filing criminal proceedings , investigation, prosecution , trial and execution of five phases . These stages have relatively independent and associate a later stage, the previous stage is a prerequisite , the latter stage is an extension of the previous stage . Criminal proceedings must be carried out gradually in stages , but not upside down or at any stage of the proceedings beyond , beyond the stage of the proceedings upside down and severely damaged the restrictive relationship between programs , is a flagrant violation of the criminal proceedings .
Violation of Code of Criminal Procedure regarding legal action , and a variety of litigation forms, methods requirements. Criminal behavior is the outward manifestation of Criminal Procedure , the functions of each of these stages of the proceedings through a variety of specific legal action to achieve. Criminal proceedings on the performance of the line for these proceedings and methods of setting the rules . Criminal Procedure Code on public security and judicial proceedings under their judicial acts both powers conferred on them by the law , but also the duty , they must be exercised not to give up , otherwise it constitutes violation of procedure , to bear the corresponding responsibility. They act in the exercise of these proceedings must also be carried out by legal ways , otherwise constitute a violation of procedure . If mediation does not apply for service delivery catheter , if judicial officers to take a lien served , in the case of violation of procedure .
Violation of criminal proceedings concerning time and space requirements. All human actions are carried out within a certain time and space . Behavior is beyond time and space do not exist , criminal behavior is no exception. Mentioned above, public security and judicial proceedings and judicial officers must act within the statutory time and space . Otherwise also constitutes violation of procedure . Constitute a violation of procedure , such as extended detention , public security organs beyond its jurisdiction arrest warrant issued also constitutes violation of procedure .
Criminal breach of principles and system requirements. Criminal procedure law principles and systems are set forth , such as the principle of public trial , two tiered system , are normative documents, legally binding , any action actors can not go against it, otherwise constitute violation of procedure . Take the principle of public trial , the public trial is a principle, not a public hearing is an exception. As long as the public trial of the three exceptional circumstances , it must be heard in public , otherwise it constitutes violation of procedure . But sentencing must be open, otherwise it constitutes a violation of procedure .
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