On the Procedural Sanction of the Criminal Actions

An important reason why there exists great gap between the prescription of criminal procedure law of our country and the judicial reality, and such illegal phenomena as torture, extended custody, infringement upon the right of defense, etc, have been surviving the prohibition time and again lies in the absence of stringent procedural sanction mechanism. Sanction is not only one of the basic elements of law, and the necessary mechanism to guarantee the implement of the law, but also of much significance for the realization of the equity and justice. The procedural sanction can't be replaced by criminal sanction, civil sanction, disciplinary sanction and state compensation no matter in the scope of application, the implementation mechanism or the function. The procedural sanction has such forms as discontinuation of action, revocation of the original judgment, exclusion of the illegal evidence, absolute nullification of the procedural act, relative nullification of the procedural act and imposition of a lenient sentence. In order to consummate the procedural sanction mechanism of our country, we should reform and construct the related system and procedure comprehensively.