A criminal procedure rule is structurally composed of a procedural direction and the procedural consequence of its breach.A procedural deficiency is the breach of a procedural direction.Clearly,weaknesses in procedura...A criminal procedure rule is structurally composed of a procedural direction and the procedural consequence of its breach.A procedural deficiency is the breach of a procedural direction.Clearly,weaknesses in procedural consequences for procedural deficiencies exist generally in criminal procedure rules.Civil juristic act theory cannot be mechanically transplanted to the criminal procedure.By means of taxonomy,this thesis is intended to arrive at a unified and scientific matrix of breaches of criminal procedure and their results.Criminal procedure rules can be divided into simply proclaimed rules and nullity-backed rules.Breaches of nullity-backed rules can be either absolutely or relatively null.The treatment of relatively null conducts is either nullification or regularization.There are three conventional routes to nullification:reversal of adjudicative conduct,exclusion of disposition-influencing conduct,and nullification of procedure-inducing conduct.Regularization consists of disposal and overlooking of deficiency.If substantive aspects of deficiencies are examined,mitigation of sentence and ending of proceedings shall also be regarded as two procedural consequences.When the conduct is invalid as one type of conduct,but is valid as another type of conduct,transmutation of invalid procedural conduct may occur.展开更多
基金sponsored by the National Social Science Fund of China,entitled A Study of the Impact and Restriction of the Criminal Justice Performance Evaluation upon Procedural Results(14CFX068)。
文摘A criminal procedure rule is structurally composed of a procedural direction and the procedural consequence of its breach.A procedural deficiency is the breach of a procedural direction.Clearly,weaknesses in procedural consequences for procedural deficiencies exist generally in criminal procedure rules.Civil juristic act theory cannot be mechanically transplanted to the criminal procedure.By means of taxonomy,this thesis is intended to arrive at a unified and scientific matrix of breaches of criminal procedure and their results.Criminal procedure rules can be divided into simply proclaimed rules and nullity-backed rules.Breaches of nullity-backed rules can be either absolutely or relatively null.The treatment of relatively null conducts is either nullification or regularization.There are three conventional routes to nullification:reversal of adjudicative conduct,exclusion of disposition-influencing conduct,and nullification of procedure-inducing conduct.Regularization consists of disposal and overlooking of deficiency.If substantive aspects of deficiencies are examined,mitigation of sentence and ending of proceedings shall also be regarded as two procedural consequences.When the conduct is invalid as one type of conduct,but is valid as another type of conduct,transmutation of invalid procedural conduct may occur.
