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Control Punishment Perfect

Posted on:2012-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:J B LiFull Text:PDF
GTID:2216330338499027Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The public surveillance is the limit freedom penalty, produced in our country revolution period, its legal process in our country plays an indelible role. The public surveillance is China's punishment mitigation as the typical representative of light, its existence conforms to China's national conditions, also reveals the development trend of the world penalty. At present, the public surveillance in our country exists some issues in legislation, in practice also useless. In view of these situations, the author in this paper the basic theory of public surveillance in the criminal law and the criminal procedural law, as the main line of control punishment carefully analyzed discussion.In the first chapter, the basic theory of public surveillance is discussed. First of all, the public surveillance of concepts and characteristics are analyzed, and the writer points out some scholars about public surveillance existing problems. Secondly, the writer analyzes the four functions-controlled punishment?preventive functions, punishment function, education reform function and stable function. Thirdly, the author discusses the value of public surveillance.In the second chapter, the author discussed the present situation of public surveillance in our country, and why. First, the writer analyzes the legislative situation of public surveillance in our nation, mainly discusses in the situation of legislation of the criminal law and the criminal procedure law. Secondly, the author analyzes the practice of the public surveillance in China, mainly discusses the current situation of the use and the execution situation of the public surveillance. Finally, the public surveillance in the current situation is analyzed.In the third chapter, in our country the problems existing in the current controlled punishment puts forward some improvement suggestions. First, the author proposes that our country improves the method of perfecting them. Secondly, the criminal law puts forward the concrete improvement suggestions. Finally, in control of carrying out the punishment of criminal procedural law perfect, the writer puts forward the recommendation, and suggests that our formulate control punishment of enforcement.
Keywords/Search Tags:The public surveillance, The present situation, The causes Improvement
PDF Full Text Request
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