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Discussion On Probation System Of Fine

Posted on:2012-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2166330335457332Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Probation of fine system is a combination of probation and fine, which shows the Modesty, the concept of protecting human rights, individual penalty and re-socialization theory. Building Chinese probation of fine will not only improve the level of our penal system, but also is in line with international trends and development of criminal law. It has important theoretical and practical significance.In the first part of this essay author discusses definition of probation of fines, and then evaluates and analyses two viewpoints: affirmative theory and negative theory. Author agrees with affirmative theory.In the Second part author holds that probation system of fine is accordant to criminal policy of"Leniency and Strict". He discusses it from the features, value, content and other aspects of the system. Then put forward own Point of view: probation system of fine should be introduced to Chinese penalty system.In the third part, the author tries to combine foreign legislation with probation system, discusses how to build Chinese probation system of fine, including means, conditions and exclusions. Then he suggested that strict supervision should be made. After discussing the end procedure and revocation procedure, he believes hearing process should be used in cooperation with the judicial authority.
Keywords/Search Tags:Leniency and Strict, Probation, Penalty, Evolutionary Rationalism
PDF Full Text Request
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