Procedural Sanction Theory

Author: Chen Ruihua
Publisher:
Publish Date: 2005-01-01
Features: This book is an academic monograph that focuses on the legal consequences of procedural violations. The author employs empirical research methods to conduct an in-depth reflection and critique on the causes of procedural violations by police, prosecutors, and judges, as well as the primary mechanisms for official governance of such violations. The author discusses the limitations of movement-style governance and the flaws of the substantive liability system, arguing for the justification and theoretical foundation of procedural sanction systems. The book analyzes the main shortcomings of China's current procedural sanction system and proposes systematic theoretical frameworks for improving the procedural sanction system, as well as for restructuring related procedural adjudication, procedural defense, procedural appeals, and constitutional relief systems. The book introduces and analyzes a series of new legal concepts, including "procedural violation," "procedural sanction," "procedural liability," "procedural adjudication," "procedural defense," "procedural appeal," "constitutional infringement," and "constitutional relief," forming a preliminary procedural sanction theory centered on rights protection. The book's academic pioneering and innovation expand the academic landscape of criminal procedure law and contribute to the development of fundamental theories in criminal procedure law.