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众所周知，我国刑事诉讼法基本上依靠刑法、行政法作为维护其效力和尊严的保障，没有一套专门的程序性裁判机制来解决违反程序法的问题。一些部门的领导往往把刑事诉讼法当作一种“软性约束”，公安司法人员即便被查出在执法司法中有程序性违法行为，也都不追究责任。最终导致办案人员漠视程序，使程序性违法在实践中很难抑制。例如：

As we all know , our country is largely dependent on Criminal Procedure Law, Administrative Law as a maintenance guarantee its effectiveness and dignity , without a specific set of procedural mechanisms to address violations of the referee procedural law issue. Some department heads tend to Criminal Procedure Code as a "soft constraint " judicial police in law enforcement even if they are found in procedural justice violations, is also not held accountable. Eventually led investigators disregard procedures so that procedural violations in practice difficult to suppress . For example:

刑法第247 条明文规定了刑讯逼供罪。实践中, 真正受追查者为数不多。受追查的一般是致人死亡或酿成重大冤假错案的案件，而且处罚大都偏轻, 构成犯罪的仅仅运用行政手段或至多只是缓刑而很少使用实刑，未致伤残或口供属实则一般不被追究。更有甚者，即使在办案过程中采取刑讯逼供致犯罪嫌疑人受伤、致残，但只要破了大案要案，还会给予立功受奖。

( 1 ) Article 247 of the Penal Code expressly provides for the crime of torture . In practice, one of the few who truly affected by tracing . By tracing usually cause death or lead to major cases of miscarriages of justice , but mostly lighter punishment , constitutes a crime merely administrative means or at most only a suspended sentence is rarely used real punishment, not cause disability or statement is true generally not be prosecuted . What is more, even if taken in the process of handling cases caused by torture suspects were injured, maimed , but as long as broken major cases will be given meritorious service .

审查起诉阶段，如果检察机关通过各种途径发现侦查机关有刑讯逼供等严重违反程序的行为，只要不构成犯罪，检察机关一般只发出检察建议作为纠正措施，至于侦查机关是否改正，检察机关无能为力。

( 2 ) the prosecution phase , if prosecutors investigating authorities through various channels have found torture and other serious violation of the procedures , they do not constitute a crime , the prosecution Attorney General issued only recommended as corrective measures , as to whether the investigating authorities corrections , prosecution authorities powerless.

More emphasis on Criminal Procedure supervision and control of all aspects of litigation : to establish a " division of labor, co-ordination , mutual restraint " ; People's Procuratorate shall exercise legal supervision over criminal proceedings ; between people's courts at all levels , the implementation of judicial supervision and so on. However, these programs often fail supervision , public security organs between three stressed tie , weakening the constraints , but also ignore the procedural legality supervision. First, the Criminal Procedure Law , the prosecution 's investigation and supervision organs of the investigation there are two ways : First, the review of arrest , and second prosecution. However , prosecutors review of arrest and prosecution of the work is carried out in writing , investigation illegal activity is usually not reflected in the case file . Thus even if there are violations investigation activities , the prosecution can not be found . In fact , the prosecution authorities supervise the investigation is ex post monitoring and passive monitoring , investigation activities such supervision is difficult to find violations .

Secondly, the lack of supervision supervisor . Article 129 of the Constitution of the State prosecutors positioned as organs for legal supervision . Code of Criminal Procedure Article