Construction and Autonomy of Criminal Procedure Law

The legal nature of criminal procedure law is absent, because criminal procedure law is lack of comprehensive recognition of its entire structure. An obligatory criminal procedure rule is structurally composed of a procedural direction and the procedural result of its breach, whilst a criminal procedural deficiency is the breach of a criminal procedural direction. There are three objectives of criminal procedure: substantive truth, procedural regularity and legal harmony, which shall be the directions to be considered in deciding a specific procedural consequence. Criminal procedural conduct can be classified into three groups: disposition-influencing conduct, procedure-inducing conduct and adjudicative conduct; conduct by a person in authority and conduct by a person not in authority; absolutely null conduct and relatively null conduct. With reference to the three objectives and the three groups of criminal procedural conduct, this paper analyzed the logical relationship of criminal procedure rules, procedural deficiencies and procedural consequences, constructed a framework diagram of the relationship, and tried to restore the deserved autonomous feature of criminal procedure law.