Criminal Behavior Of Defects And Their Effectiveness Disposal

The terminology of act flaws in procedure is indeed the central point in procedural law. In accordance with logical structure of legal rules of dualism of behavior pattern and legal consequence, legal acts can not be implemented provided lack of guarantee of legal consequences from comprehensively study on criminal procedural code in each country of the world. The autonomous dream in the criminal procedural system makes the assessment by legal validity necessary to each illegal procedural act necessary. It is very important to discuss the act flaws of criminal procedure, try to establish united theory frame of treatment of legal validity and provide the amendment of criminal procedural law in our country with the legislative advices in order to make it self-harmonious from the perspectives of theoretical status and actual legal needs.This thesis will be divided into four parts for research: the first part, the introduction of act flaws of criminal procedure: it make the definition and patterns of act flaws of criminal procedure definite on basis of discussing the theory of criminal procedural acts; the second part, the treatments of legal validity to the act flaws of criminal procedure outside the boundary: they are divided into that can be rehabilitated and that cannot berehabilitated. The former contain canceling the judgment------the actshould be sent back for re-trial, nullification of procedural act------the actshould be done again, cure of illegal procedural act------the act can getlegal validity, getting not full legal validity------reduction of sentence.The latter contain exclusion of illegal procedural act------the act cannot bedone again, judicial stays------discontinuation of procedure; the third part,the analysis of the theory of treatment of legal validity to the act flaws of criminal procedure: the probe into the united theory: it is necessary to establish the model of united theory of treatment of legal validity to act flaws by the point of division of acts of forming intimate conviction, that of forming process and judgment, and acts of authority and no-authority; the fourth part, the legal status of treatment of legal validity to act flaws of criminal procedure in our country: we analyze the principles of strictly observing with legal process, burdening responsibilities by division, mutual cooperation and restriction, and protecting procedural rights of joiners and four kinds of legal regulations of treatment of act flaws; The fifth part, the re-establishment of the systems of treatment of legal validity to act flaws of criminal procedure in our country: we design the principles of confirming with procedural law, procedural autonomy, the nature of entirety and proportion; we design the systems of legal invalidity and actual invalidity, supplement, pessimistic amendment, purely announcing illegal status, prohibition of evidences, cancelling the judgment to send it back for retrial, revoking or changing coercive measures, reduction of sentence, judicial stays, and transformation of invalid procedural acts etc..