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The Research Of Commutation System

Posted on:2006-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y C ChenFull Text:PDF
GTID:2166360185453506Subject:Law
Abstract/Summary:PDF Full Text Request
【The purpose】Commutation of sentence is an important system of enforcement of punishment and the commonest legal encouraging measure. Commutation System is the important link of the enforcement of the penalty, it has the very importance significance in the criminal justice practice. It'is necessary to perfecting the commutation system from two side of quality and quantity, improving its practicability, smoothing all the relationships according to the nature, ascription and distribution, designing just procedure in order to develop the system. It consists of two parts, adding to six chapters.【Research Method】The first: Collect the data of the Commutation and parole in the last years. Analyze the reason of the low app]ication of the parole.The second: Research the basic element of Commutation System. establishing a standard system, which core is the inmates behavior criterion.The third: Research the rationality of the standard and the scope of commutation with the investigation to the criminal.The fourth: Commutation power is penal executing power of jurisdiction. That is the demancl of justice efficiency and benefit.The fifth: Guarantee the lawful right for criminal is the demand of penal execution and justice. It consists of two parts, in proper ways and get law help.The sixth: It is necessary to perfecting the commutation system, improving its practicability, designing just procedure in order to develop the system.【mostly achievement】The first: Recruit the explanation of commutation: Commutation is the deportment that judicial organ modify formerly time limit in accordance with legal procedure which in accordance with the rights and duties of execute, and under suggestion or surveillance by the execute department and procuratorate and submitted by criminal himself.The second: The substance of commutation is the accommodation of execution, not change, it belong to the instrument of penalty execute system. It has poor efficiency and benefit which control commutation power by court.The third: Cuarantee the lawful right for criminal is the demand of penal execution and justice. It consists of two parts, in proper ways and get law help. Criminal should enjoy application power of the administration resume discuss.The fourth: Procuratorate should superintend the activity of commutation with afterwards and beforehand, oral and written correct, general and emphasis.The fifth: Advance the assume with "announce Commutation System", and qualified with the control rule of "add and decreasesystem all time". To impulse criminal reconstructed consciousness.
Keywords/Search Tags:Commutation
PDF Full Text Request
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