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On The Procuratorial Supervision To Serve The Sentence Outside Prison Temporarily

Posted on:2012-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:S X LuFull Text:PDF
GTID:2216330338460143Subject:Law
Abstract/Summary:PDF Full Text Request
Serve the sentence outside prison temporarily is one of the measures for punishment change executions.Beacause the legislation for serve the sentence outside prison temporarily is not perfect, it appeares many problems in the actual operation. From the angle of empirical analysis to a city of SiChuan, the author find out several problems. To solve the problems of serve the sentence outside prison temporarily,the author will propose his own views mainly from the angle of procuratorial supervision in this paper.On one hand strengthing the procuratorial supervision can reduce illegal phenomenas in serve the sentence outside prison temporarily,on the other hand it can help our country's system of prosecution be perfect.This paper will be divided into five parts, about 20,000 words.The first part describes the positive significances of the procuratorial supervision to serve the sentence outside prison temporarily. (a) The procuratorial supervision to serve the sentence outside prison temporarily can ensure to realize the fuction of pulishment, (b) The procuratorial supervision to serve the sentence outside prison temporarily can ensure the execution goes as the law, (c) The procuratorial supervision to Serve the sentence outside prison temporarily can avoid the abuse of the power of regulators.The second part is about the empirical analysis. Through surveys and interviews, the author gets many datas that can reflect the truth of the execution. From the datas, the author summaries six problems in serve the sentence outside prison temporarily.(a) Decision department is chaotic,(b)Service procedure omits,(c) Disease identification is backward,(d) Criminals refuse to get out of the prison,(e) Execution time limit is not scientific,(f)Supervision resources is not enough.According to the problems which was mentioned in the second part ,the third part will emphasize the necessity why serve the sentence outside prison temporarily should be supervised.The fourth part is about the defects in procuratorial supervision. The first defect is lack of the legislation. For example, the procuratorial supervision mode is passive ,the simple and useless procuratorial supervision methods and the shortage of the procuratorial supervision resources and so on. The second defect is in the practice, such as the supervision is ineffective, procuratoria supervision consciousness is weak,to be lack of procuratorial registration, responsibility can not be investigated and so on. The fifth part is about the construction of the procuratorial supervision system. First is the construction for legislation. For example,to unity the decision institutions, to establish a completed procuratorial supervision execusions, to give the prosecutor's office investigation powers.Second is the construction for executing.Such as to strengthen procuratorial supervision consciousness, to establish the responsibility investigated system and to establish a more virous procuratorial supervision modes.
Keywords/Search Tags:Serve the sentence outside prison temporarily, Procuratorial supervision, Empirical analysis, System construction
PDF Full Text Request
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