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On The Justification Of The Commutation Procedure In China

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2216330338471572Subject:Law
Abstract/Summary:PDF Full Text Request
The commutation procedure refers to the programs of the enforcement organs of punishment resorting to a commutation and the court accepting and judging the commutation case. In our country, for a long time, the commutation procedure has been taken on an administrative operation status, which is far removed from the due process,and goes against the procedure participation principle, the procedure neutrality principle, the procedure rational principle, the procedure coordinated principle, the procedure to be prompt and end principle. In order to overcome the shortcomings of the current commutation procedure, our the theory circle and the practice circle have made some beneficial exploration, to raise two reform proposals which are"Public announcement and Hearing"mode and lawsuit mode."Public announcement and Hearing"mode is that when the court hearing the commutation case, firstly announces the name list of those applicants, the reasons and the range of commuting , after the period to present dissent, the court judge according to dissenting opinions by a hearing. Lawsuit mode is that transforming the current commutation procedure according to the requirement of lawsuit procedure, to break the obturation of commutation procedure by enhancing stakeholders'right of participation, thereby to change the unreasonable situation that the public authority determines everything. At the same time, transforming the way of judgement of commutation, replacing the existing pattern of unilateral way of written hearing with"two parties opposing, judging centers". Compared with the"Public announcement and Hearing"mode, lawsuit mode more meets the requirements of due process, so our country should build up the lawsuit commutation procedure under the guidance of due process. Specifically, that includes the process of instituting, the process of hearing and the process of redressing. Through these designs on system, to solve two primary problems which are the participation of the stakeholders in commutation procedure and proceedings in public, ultimately to build up the lawsuit commutation procedure under the guidance of due process.
Keywords/Search Tags:the commutation procedure, due process, "Public announcement and Hearing"mode, lawsuit mode
PDF Full Text Request
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