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Controlling Criminal Procedural Violation by Criminal Procedural Sanction

LI Fenfei

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Abstract

Procedural violation,a pretty common phenomenon in China's criminal action,to a harge extent results in that the current criminal procedure is a soft law without sanction imposed on violating its regulations,that is,no legal consequence for procedural violation.Therefore,the Law of Criminal Procedure has already lost its binding effect as a law should have,and even is reduced to a regulation-like announcement or warning.If the law of Criminal Procedure is to be a genuine law,it should be injected with the element of sanction—a factor indispensible for a law.And above all,determined by the unique advantage of the procedural sanction,the injection of sanction should get on a track of concentrating on procedural sanction.

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What this paper is about

Procedural violation,a pretty common phenomenon in China's criminal action,to a harge extent results in that the current criminal procedure is a soft law without sanction imposed on violating its regulations,that is,no legal consequence for procedural violation.Therefore,the Law of Criminal Procedure has already lost its binding effect as a law should have,and even is reduced to a regulation-like announcement or warning.If the law of Criminal Procedure is to be a genuine law,it should be injected with the element of sanction—a factor indispensible for a law.And above all,determined by the unique advantage of the procedural sanction,the injection of sanction should get on a track of concentrating on procedural sanction.

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Available abstract

Procedural violation,a pretty common phenomenon in China's criminal action,to a harge extent results in that the current criminal procedure is a soft law without sanction imposed on violating its regulations,that is,no legal consequence for procedural violation.Therefore,the Law of Criminal Procedure has already lost its binding effect as a law should have,and even is reduced to a regulation-like announcement or warning.If the law of Criminal Procedure is to be a genuine law,it should be injected with the element of sanction—a factor indispensible for a law.And above all,determined by the unique advantage of the procedural sanction,the injection of sanction should get on a track of concentrating on procedural sanction.

Key concepts: Procedural law, Criminal law, Law, Criminal procedure, Element (criminal law), Procedural justice, Political science, Action (physics)

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