Proceedings Null And Void. Program From The Perspective Of The System

Due to the historical traditional factors of China, the legal concept "heavy entities, lose procedure" has existed for a long time, there are often sacrificed to achieve substantive justice and procedural justice, but the situation of the procedure as an entity. Of course, with the Western legal concepts going to China, we increase the importance of procedure, so that we come to realize that procedural justice on the importance of China has established the rule of law, and China has gradually explored the independent value of procedural justice. However, this concept is not the deep-seated, and still need our further study.Physical nature of the sanctions in China is very complete in the theory and practice. Procedural Law in China, the rights of those procedural restrictions are rare. In theory, the program of action is not in-depth study of behavior, where the author discusses many aspects of legal action from the theory, which will focus on talking about the exercise of public authority's legal action, but mainly related to an important system: litigation act invalid system.Three Procedure Law in China did not establish a "legal action invalid system", we don't pay more attention on this system in theory, but, through the study of our procedural law, you will find many of them exactly reflected in the provisions of " litigation act invalid system " , such as the three major procedural law in our country have the provisions on illegal evidence exclusion, although they are different between the conditions and scope of application, and there are three main procedural laws are on remand in the relevant Law Article. All these indicate that China has used "legal act invalid system", except that the performance of the theory has not been processed, and there are still many shortcomings, and there is no clear establishment of a "legal act invalid system." We hope that through further advantages and limitations of this system, the study will put forward some constructive suggestions to make our behavior in the treatment of litigation.