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Perfection Outside Prison Legal Supervision

Posted on:2011-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:H H HuangFull Text:PDF
GTID:2206330332458579Subject:Procedural Law
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During my 3-year life as a graduate student, I discussed with a professor taught the Criminal Procedural Law about the status quo of legal supervision on execution of punishment. When talked about the supervision on serving a sentence out of prison, the professor said that the status quo in China was not good. The procuratorial organ did not play an active role as prospected before and the theoretical idea still had a long way to come true. It was the statement from the professor that aroused my interest on such subject.After deciding the subject, I chose to investigate in the prison supervision department of the Basic People's Procuratorate. During my investigation, I found that serving sentence out of prison began to replace the traditional sentence to satisfied the latest criminal policy. Such tendency meant the innovation and improvement of the legal idea more or less.Meanwhile, there are many defects in practice. The situation such as no one performing the management occurs frequently. Moreover, some officials even committed crimes during the period of serving sentence out of prison. While as I have said before, the procuratorial organ did not play an active role as a supervisor for some reason. Thus we still have so many things to do to make our monitoring system better than current status.I searched for related data from CNKI as well as library resource and collected them. I found out that though some specialists had paid attention to the current situation and defects of the execution of sentence outside prison, there is still a small quantity of search results related to such field.Some specialists have putted forward many ways to improve the supervision system, but there is only a few search results to state the subject in detail. That's why I choose this subject, how to improve the supervision on the execution of sentence outside prison, as the core of my thesis.This article which can be served as my search result after studying for such a long time represents the basic theory about the supervision on the execution of sentence outside prison by empirical analysis. I still analyze the status quo, the problems, the cause and the improvement strategies of the execution of sentence outside prison.This article is divided into five parts:Chapter one is the beginning of the article which state the current situation of the supervision of the execution of sentence outside prison by cases and data.Chapter two illustrates the definition, nature, content and meaning of the supervision on the execution of sentence outside prison, which serves for the following content.Chapter three analyze the problem of the supervision on execution of sentence outside prison. Combining the search results and my investigation facilitates the readers' understanding the status quo.In the fourth chapter, I discuss the choice of the mode of legal supervision by summarizing the experience home and abroad. After that, I discuss the fundamental factors which make the legal supervision on the execution of sentence outside prison worked.After analyzing the problems and some fundamental factors in the foregoing statement, I set forth methods to solve the current problem in the last chapter.
Keywords/Search Tags:execution of sentence outside prison legal supervision improvement
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