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Remission System Research

Posted on:2008-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X D ChengFull Text:PDF
GTID:2206360215460500Subject:Law
Abstract/Summary:PDF Full Text Request
It is uncommon that commutation of sentence is written explicitly into the penal code in various nations in the world. However, it is the case in China, which proves the emphasis attached on the commutation system in China. Commutation, as an important part of the execution of punishment, plays a positive role in educating the criminal and saving the legal resources. However, these years have witnessed more and more problems in China's commutation system, such as poor protection of the criminal's rights, non-transparent procedures and lack of supervision etc. All these give rise to legal corruption, which greatly affects the function of punishment and infringes the criminal's legitimate rights.This paper first compares the commutation of sentence in several dominant nations and analyzes profoundly their jurisprudence, and then suggests establishment of the concept that 'commutation is the criminal's right' in the commutation system. In light of restriction on the litigation powers and protection of rights, it proposes that establishing a system of public hearings for commutation be an effective way to reform and improve the commutation system.This paper falls into 5 parts and totals 30,000 words.In part one, A Review of the Commutation System, the author introduces the concept, the content and the theoretical basis of the commutation in China and in some other nations, objectively analyzes their discrepancies, advantages and disadvantage and then puts forward that the concept of commutation should include basic characteristics of four aspects: right, power, procedure and cause.Part two is A Comparative Study of the Commutation System. In this part, by comparing the commutation system in China with that in Britain, America, France and Russia, the author demonstrates their differences in the subject of commutation rights, the substantial conditions, the extent of commutation, the enacting mode and the revocation of communication and draw lessons from the theories and practical experience of commutation from those foreign nations.Part three: Reflections on the Commutation of Sentence in China. On the basis of the comparative study above and the legal practice of commutation in China, the author, in this part, points out dominant problems existing in Chinese commutation system. The author also looks at it in such theoretical aspects as the purpose of punishment, the judicial rules and the nature of commutation etc.Part four, Thoughts on the Reform of the Commutation System in China, raises the author's thoughts on the improvement and reform of the commutation system. In the system of public hearings for commutation, it demands to clarify the criminal's right of claim for commutation and their judicial right of relief, vest the equal rights of participation in the criminal and the victim, improve the protection of the rights and interests of all parties concerned in the commutation procedure, normalize the separation of verdict and adjudication, improve the transparency and fairness in the commutation procedure and tighten the supervision and limitation on the examination and approval of commutation.Part five, Conclusions, is a summary and review of the whole paper. In this part the author proposes that in order to reform the commutation system, a relatively effective system of public hearings for commutation should be established, which involves the participation of the criminal and the victim and which guarantee the protection of rights and a complete mechanism of the claim of relief.
Keywords/Search Tags:commutation of sentence, power of commutation, legitimate characteristics, hearing
PDF Full Text Request
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