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Understanding And Thinking About The Commutation And Parole System In China

Posted on:2007-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z T ZhaoFull Text:PDF
GTID:2206360212470438Subject:Law
Abstract/Summary:PDF Full Text Request
Commutation and parole system is a very important criminal law system and execution system. Through the analysis of the theoretical basis for a system of parole sentence, the legal nature and function, we may improve the commutation and parole system in practice and set up proper commutation and parole procedures so as to maximize the role played by commutation and parole system. Based on this, this article is to deal with the commutationa and parole system.This paper is divided into four chapters.The first chapter deals with the rationale and legal rule of the commutation and parole system. Starting with the related articles about commutation and parole in criminal law, the author elaborates on the rationale, legal nature and function of the system. The author holds the view that the criminal with a two-year reprieve death penalty should be included in those who can be commutated while those who can be paroled should not include the criminal with a life sentence.In the second chapter the author presents a detailed analysis of the commutation and parole system. From the aspects of the belonging of the rights to interpret and supervise and the rights of the criminal,the author analyses the problems existing in the practical use of the system, the practice and the role of the punishment execution departments, the people's court, the people's Procuratorate. At the same time, the author points out that it is a waste of legal resources to let the people's court to rule the commutation and parole.In the third chapter the author makes proposals to perfect the existing commutation and parole system in China. The author presents a tentative plan in this chapter to improve the commutation and parole system. We should improve the system from the aspects of settig-up, standards setting, supervision and appeal relief so as to make it conform to the present conditions of our country.The fourth chapter deals with the prospects of the system. The rights to commute and parole is a kind of execution right in the jurisdiction. At a certain stage of social development, we should consider the establishment of execution law, clarify the belonging of the rights to...
Keywords/Search Tags:COMMUTATION, PAROLE, CORRECTION, PENALTY EXECUTING
PDF Full Text Request
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