On The Extant Problems In China About The System For Reducing The Deprivation Of Rights To Freedom And The Ways To Its Improvement

This paper is composed by 5 chapters.Chapterâ… . The epistemological problems in the system for reducing the deprivation of rights to freedomWe will define the system, its characters as well as its nature.Chapterâ…¡The objectives of penalty in the system for reducing the deprivation of rights to freedomWe will discuss values of the penalty in the system and the orientation of the objectives of penalty in Chine. The value of penalty resides in the utilitarian pursuit of retributions. Whereas we consider that, according to the theory on distribution of penalty steps, the objectives of the system in China should be oriented to utilitarian pursuit with a pertinent restriction of retribution.Chapterâ…¢The general presentation of the system in China for reducing the deprivation of rights to freedomWe will discuss the historical development of the system as well as the applicable conditions in China.Chapterâ…£The extant problems of the system for reducing the deprivation of rights to freedomWe will show and analyze different extant problems in this system from the angle of legislation and judicial practice.Chapterâ…¤The ways to improve the system for reducing the deprivation of right to freedomWe will propose that in legislative way, the rights of penalty reduction should be clearly demarcated, the modalities of penalty reduction should be adapted and a legitimate procedure should be established. In judicial way, we should overpass those narrow ideas on utilities so as to create a better and fairer environment; meanwhile we will need to reinforce the supervision from outside in order to realize a balance between powers.