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A Study On Commutation System

Posted on:2011-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:W N LiuFull Text:PDF
GTID:2166330332479635Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
As our country criminal law system of commutation of a very important system of execution of criminal punishments, especially, system function plays an important role in Chinese society, but the transformation of the era, criminal cases, to crime, the individual link commutation system of punishment reduced deterrent effect, the penalty function, prevent from the aim of penalty. For a time, most of the legal researchers went into the way of moral philosophy, from the perspective of legal rights, thinking and understanding, to solve the social problems, and humanitarian gentlysweeping trend of international background, the execution of the sentence as criminals came right demonstration and analysis system, its position but commutation is "method", said some of the French after packing, their biggest moral intuition is the lack of social scientific malpractice, the precise argument. From the social science (mainly method of economics) put forward to solve the problem of ideas and solutions, reveals the commutation of the legal system of economic logic behind. Based on the theoretical basis of commutation, legal basis, the legal nature and actual condition analysis and comparison, the system of Chinese sentences with deterrence theory from the perspective of law, points out the deficiency and deterrence against excessive penalty deter all purposes, and how to improve the system, the system of sentences commuted maximum effect, maintain proper deterrent to crime, efficiency and reduce the realization of purpose gives some practical Suggestions. The system of commutation of law and economics, crime and punishment analysis shows that the economics theory can get on with perfect sentence system design ZhiDaoQuan. Based on this research paradigm, this paper discusses sentence system. The paper has four parts:,The first section, the theoretical basis of commutation. From the commutation of punishment system and purpose, this paper expounds the relationship of commutation system based on the theory of legal property,. From the system design of commutation purposiveness pointed out the existing legal system, affirmation commutation system in judicial practice, emphasize the role of commutation system should obey, service to punish purposes.In the second quarter, sino-foreign comparative study commutation system. Through the comparison of the system and specific sentences commuted system in China, points out that in the system level, the problems need to modify the existence of these problems in the deterrent threat of punishment.In the third quarter, commutation system empirical research and analysis of law and economics. Based on a prison sentence of various types of criminals, actual execution of the sentence to punish empirical research, from the perspective of deterrence theory in China, analyzes and discusses sentence system in the judicial practice, these problems existing problems of punishment reduced deterrent effect, is one of the reasons to rose from punishment, purpose.Fourth, the commutation of the system reform and perfect. At this stage of commutation system, how to perfect the existing system of punishment to consummate the structural defects, ensure the whole system of punishment, strictly limiting the deterrent for commutation, expand the parole, improve the efficiency of deterrence more consistent with China's national conditions, so as to better achieve penalty goal, the maximum security of justice and efficiency.
Keywords/Search Tags:commutation system, majoy problems, suggestions of perfection
PDF Full Text Request
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