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The Course Of Socialization Of Penalty Execution In Criminal Policy

Posted on:2008-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:L S MaoFull Text:PDF
GTID:2166360242457792Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Socialization of penalty execution is regarded as the most revolutionary idea and theory in penalty area. It inherited the punishment humanitarianism and democratic values. Along with the probation and parole system, Socialization of penalty execution gradually changes the penalty style as a natural growth pattern and represents the future tendency of development of execution. Today, after almost two centuries, Socialization of penalty execution as dominant ideas and empirical exploratory in penalty, still need for improvement of its own. Theory and practice are incontrovertible proof that the Socialization of penalty execution is not only a social problem, but also involves the whole field of criminal law, especially criminal legislation, judiciary and execution area. So, using criminal policy and criminal whole point of view to solve the problem is a very way. Actually, the criminal policy played a key role that leads the criminal law enactment, application and implementation. Therefore, in my view, delving Socialization of penalty execution by criminal policy is not only can understand the theory, but can endue this ancient proposition with the distinct characteristics of the times. The article is divided into five sections, including the preamble, the three sections and closing, the total of 40,000 characters.In the first chapter: Criminal policy vision of Socialization of penalty execution. In the beginning, the article explained the meaning of Socialization of penalty execution and the birth of its historical process. Then, after accounting the causes of Socialization of penalty execution, get an answer that its birth is not a simple penalty a product of evolution, but to respond to the needs of criminal policy. Meanwhile, because Socialization of penalty execution involves criminal legislation, criminal judicature and the execution of punishment, it will be put in the criminal policy to research. Which provides a reasonable and necessary prerequisite to analysis of the current situation and the plight of Socialization of penalty execution, and to explore the Chinese system of it.In the second chapter: The status and plight of Socialization of penalty execution. Firstly, the article is expounded on the current situation of legislation and practice of China Socialization of penalty execution. On the one hand, China has made an effort to advance the Socialization of penalty execution, on the other hand, under the felony criminal policy, China has the characteristics of a criminal pattern, which is the heavy criminal legislation, applicable felony in criminal judicature, and the punishment severely in criminal execution. Then, in an analysis on these of the three aspects of the practical difficulties encountered, pointed out the necessity and importance of the reform and improvement of China Socialization of penalty execution.In the third chapter: The course of Socialization of penalty execution in criminal policy. Nowadays, the main tendency of criminal policy is to punish heavy offense severely and treat minor offense with leniency. China has changed the "punish-heavy-offense-severely" criminal policy to choose it and established the new criminal pattern. In the criminal legislation, called for reform of the penal system and improving the prison system. In the criminal justice, demanded the public security organs, procurator organs and the court carry out their duties of complying the rule. In the criminal execution, advocated for the implementation of the criminal execution mode reforming, established Community Corrections and Punishment of Imprisonment two models. This is the focus of this paper and also is a new perspective on China Socialization of penalty execution.
Keywords/Search Tags:Criminal policy, Criminal activities, Socialization of penalty execution
PDF Full Text Request
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