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随着司法改革的深入，程序公正观念日益为理论及司法实践部门所接受，为社会公众所关注，成为评价司法公正的重要标准。但由于长期受“重实体、轻程序”诉讼文化、价值观念影响，对于程序性违法的法律后果问题，无论在立法、理论研究还是司法实践中，还存在标准模糊，认识不一、执法不严的问题。

With the deepening of reform of justice , procedural justice theory and concepts increasingly accepted judicial practice departments , public concern for the community to become an important criterion for evaluation of justice . However, due to the long-standing "heavy entity , light program " litigation culture , values influence, the legal consequences of violations of procedural issues , both in legislation and judicial practice, research or theory , there is also the standard vague understanding varies, lax enforcement problems still exist in order to re- program the grounds, anti-system, responsible interrogate the legal consequences of violations of procedural argument, if scholars of cassation , remand procedural sanction questioned the legitimacy of that program retrograde will make the defendant suffer double jeopardy , thus violating the " free from double jeopardy " doctrine of procedural fairness and accountability principles .

本文拟从程序性违法界定，目前在我国司法实践中主要表现以及成因等方面，对刑事诉讼程序性违法问题进行分析研究，并在借鉴其他国家和地区相关制度和做法的基础上，提出健全与完善我国刑事诉讼程序性违法裁判机制的几点设想。

This paper from the definition of procedural violations , the current judicial practice in our country the main causes of performance and other aspects of criminal procedural law issues analysis and study, and to learn from other countries and regions, and practices related systems is proposed based on sound and Perfection of criminal Procedure of illegal referee Several mechanisms envisaged .

程序是指“事情进行的先后顺序”。刑事诉讼程序“一方面它是指由法律规定的在刑事诉讼活动中所采用的具体的方法、步骤、方式，如立案、侦查、起诉、审判、执行等具体方法步骤；另一方面它是指司法机关在追究犯罪中应遵循的原则，当事人以及其他诉讼参与人在刑事诉讼中应该享有的权利和应尽的义务。

Procedure is referred to as " the sequence are things ." Criminal Procedure , " on the one hand it is defined by the law of criminal activity in the specific methods used , procedures, methods, such as filing, investigation, prosecution , trial , execution and other specific method steps ; hand it refers to the the judiciary in criminal accountability principles to be followed , the parties and other participants in criminal proceedings should enjoy the rights and obligations . " [ an ] offense , narrowly to mean act in violation of the law . Broadly to mean in addition to acting in violation of the law , but also includes Although there is no violation of the law, but can not find legitimate basis , that is illegal , such as illegal detention . Unlawful criminal proceedings , also known as the Criminal Procedure flaws, criminal legal relationship is subject , in violation of the rules of the Code of Criminal Procedure .

All violations of the Code of Criminal Procedure of the organization or individual is the subject of criminal proceedings against the law , a wider scope , including both the judiciary and the judicial police officers , including participants in the proceedings ( the parties and other participants in the proceedings ) . Due to space limitations and the significance of the study , this article discusses only the judiciary and judicial police officers in criminal proceedings impropriety. All violations of the Code of Criminal Procedure provides the content of the practices and criminal proceedings without legal basis approach can be called criminal proceedings illegal cont本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。