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Concerning The Humanitarian Penal Execution

Posted on:2012-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiuFull Text:PDF
GTID:2166330338996829Subject:Law
Abstract/Summary:PDF Full Text Request
"questions of an era, and any content is legitimate and, therefore, reasonable question, share a common destiny, the main difficulty is not the answer, but the problem. Which really is not the answer to but a critical analysis of the problem. ""The problem is the slogan of the times, which show his state of mind is the most effective voice. "from "World War II "since the end of the world's human rights is undoubtedly the most prominent theme, a group of the International Convention for Protection of Human Rights was signed and implemented, most countries have The protection of human rights to write the fundamental law of the country, or a national basis for the rule of law. Criminal punishment of the human rights conditions have become increasingly concerned about public opinion at home and abroad, and as a major issue to be raised. As an aspect of humanitarian human rights, should be concerned to protect the basic human rights of the execution of sentences so that they can in the transformation of this special group in access to basic life-support, humanitarian treatment but higher than that from the human rights requirements The introduction of human rights standards of treatment required by the execution of punishment, the penalty is to be executed to better protect people, but also put forward higher requirements of the State.Article text is divided into three parts, for a total of two thousand words, namely the implementation of the law on penal provisions of humanitarian issues, and foreign humanitarian thought the execution of punishment development process, the contents of the execution of punishment and the punishment of humanitarian humanitarian achieve these four Part, through the completion of the above four-part article discusses the purpose of writing. Introduction of the concept of punishment qualifies discussed in this article limited to the execution of punishment in prison, detention center who was the execution of sentences, not including other criminal punishment, because, in prison, the detention center, the penalty is executed Poor state of human existence, and this is one of the purposes essay writing. The concept of humanitarian introduction also elaborated the idea as one of the most extensive humanitarian thinking of a wide range of meanings, this article only human nature to respect whichever, about people, human nature, human nature, human values and human The development of ideas. It is not the study of human surface, nor is the study of human isolation characteristics of a particular aspect, but of a whole people. The first part of the rule of law in the implementation of the humanitarian provisions on penalties, this section mainly through the international norms of human humanitarian provisions on penalties after the text of the paper is to lay the legal foundation. Mainlycited the "protection of all under Any Form of Detention or Imprisonment, principle, ""Civil and Political Rights"," European Convention on Human Rights, " "the Inter-American Convention on Human Rights" ,"minimum limits of standard rules for the treatment of prisoners" and other international norms And the provisions of dome sticlegislation. foreign development process of humanitarian thought in ancient China a "dharmas fit to sentence-based, "the legislative system, can be said that the development of China's legal history is a history of criminal law. However, due to the feudal society in the long dominant in the humanism of Confucian thought the concept of the existence of torture in the penalty Junfa driving the development of the soft penalty humanitarian ideas are in the process to develop. However, few countries in Western humanitarian provisions of the penalties in the Penal Code, but the country has been its efforts to implement the practice and legislation in the penalty, then the penalty has become a modern humanitarian world since the basic objective of penal reform and the main value of the pursuit.The second part of the contents of a humanitarian penalty, to maintain the debtor's dignity, freedom from torture and other inhuman treatment, protection of their basic living conditions, allowing the debtor to contact with the outside world in four areas were discussed. The inherent dignity of human nature is one of the needs being respected and the respect due to be generated in the inner satisfaction. By referring to "the United Nations Charter", "Declaration of Human Rights", "Civil and Political Rights "and the German Basic Law, the Constitution of Japan, the United States jurisprudence and other regulations, demonstration of the importance for human dignity. Treatment of some of the major life is borrowed "Standard Minimum Rules for the Treatment of Prisoners" the requirements to prove the pre-trial custody for accommodation, restaurants, wearing the humanitarian aspects of treatment; freedom from torture and some of the major requirements of international conventions cited, the torture, Torture, cruel, inhuman treatment or punishment, respectively, were discussed.The third part of the implementation of humanitarian punishment, the Lord is by establishing criminal penalties for the basic humanitarian principles, to achieve the implementation of an open prison. Penalty to achieve the humanitarian, on the need tosup port a belief and faith, nurture the spirit of the penalty to the criminal law of humanitarian philosophy, you also need the appropriate support system, but more humane practice confirmed. Requires not only including the application of the system of criminal penalties, sentencing, execution and also to guide humanity on the people to the culture, values and guiding people's behavior, to overcome the heavy penalty law tadition culture, the concept of in-depth humanitarian penalty People. Refers to the prison open prisons and detention centers in accordance with certain procedures to the public open space and public information and accept an independent inspector of thein spection, examination and supervision of people's visits and visits received, to accept media interviews.
Keywords/Search Tags:punishment penalty, humanitarian, humanitarian Implementation, Mechanism
PDF Full Text Request
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