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The Perfection Of The Implementation System Of Our Country

Posted on:2014-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:P F LvFull Text:PDF
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On2012,"the people’s Republic of China Criminal Procedure Law"(hereinafter referred to as the "new criminal law") revision, the temporary execution outside prison to supplement and amend the larger, which makes the system more perfect. On one hand, expand the scope of the temporary execution outside prison temporarily applicable conditions, strict execution of sentence outside prison, the prisoners in delivery before and after the implementation of the temporary execution outside prison decision and approval procedures, change the temporary execution outside prison execution subject and means of implementation; on the other hand, the temporary execution outside prison procuratorial supervision by the supervision into synchronous supervision, increase the change of the relevant provisions of the temporary execution outside prison.In the process of implementation of the penalty, the criminal due to illness, pregnancy or other reasons is not suitable for detention execution in prison or other executing place, general legislation on international is delayed or suspended system. Such as Germany to postpone or interrupt the free punishment system, Japanese freedom penalty to stop the implementation of the system, China’s Taiwan region, stop the execution of punishment system, all belong to the suspension of sentence system. Compared with the temporary execution outside prison system, its scope and more broad, the decision-making organ with unity, sentence outside the prison execution period not included in the.Although the new criminal procedure law as supplement and modification of executive system is permitted, but there are still some problems in the application, approval, implementation, appraisal. Due to the defect and the loopholes in the system itself, the temporary execution outside prison had many problems in practice. The fundamental defect of this system is still included in the term of probation period.According to the revised criminal procedure law, the temporary execution outside prison system of our country still existing problems, and puts forward some suggestions. As to further broaden the scope, procedure start for criminals to my wishes, perfect guarantee system, clearly has the right to produce medical evaluation of hospital, modify "criminal released on medical parole disability range", analysis and appraisal fees, court to exercise unified approval authority. At the same time, the concept of international advanced suggestion penalty reprieve system, redefining the sentence calculation method.
Keywords/Search Tags:the new criminal procedure, law the temporary execution, outsideprison penalty reprieve
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