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Commutation System

Posted on:2011-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LiFull Text:PDF
GTID:2216330368494590Subject:Law
Abstract/Summary:PDF Full Text Request
Commutation is an important modification system in penal exectution,a criminal's original sentence period is either lessened or shortened by law according to prisoner's penitence and metritorious services during serving a sentence.Commutation system is widely applied in penal execution,as it can combine the seriousness in implementing original penalty with the flexibility in penal execution,boost the criminal to reform,repend and start anew,return on the right track,stabilize the orders in monitoring sites.Our country'scommutation system,however,has loose legislature,imperfect system,incomplete execution etc.problems,which affect the seriousness and function in the modefication of penal execution.This paper starts from judicial practice,based on Criminal Law,Criminal Procedure Law and judicial interpretation,with a reference to new problems or new phenomena occuring in the practice while implementing commutation,I use four sections to expound the concept,feature and conditions of commutation system,do a comparative study on related systems and relevant methods concerning commutation in the US,France and Taiwan District,with an argument on the existing problems and insufficiency in our country's present commutation system,I put forward my own view from legislature and practice,expecting to make a bit of contribution to perfect commutation system.
Keywords/Search Tags:commutation, commutation system, system perfection
PDF Full Text Request
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