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A Study On The Improvement Of China’s Commutation Procedure Of Hearing

Posted on:2013-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:X M ChenFull Text:PDF
GTID:2246330374474188Subject:Law
Abstract/Summary:PDF Full Text Request
China’s traditional commutation system in practice has exposed manyproblems, system reform has become a pressing matter of the moment.Commutation hearing procedure, a new attempt of commutation system in allpromotion practice,has achieved some positive results. However, incurrent practice, commutation hearing procedure also needs to beoptimized furtherly in many ways. By analyzing the commutation system andcurrent commutation hearing procedure of our country, and concentratingon its defects and suggestion of perfection, this paper tries to putforward some ideas for enhancing the efficiency of the judicial operation.In order to prove the author’s viewpoint, this paper consists four parts:First part:A review of the commutation hearing procedure. The authorintroduces the concept, the nature and the characteristics of thecommutation hearing procedure, summed up that the commutation hearingprocedure are more consistent with human rights requirements, therequirements of procedural justice and supervisory requirements. Theauthor takes the fact that the commutation hearing procedure plays animportant positive role in China’s commutation system procedure perfection.Second part: Our current commutation hearing procedure and its majorproblems. The paper explains the procedure and operating mechanism ofcommutation hearing procedure, takes a list of the exposed problems inthe hearing on the commutation procedure legislation and judicialpractice and analyze the cause of its formation as well. For example,China’s current commutation hearing procedure does not have a nationallaw, all provisions of differences and obvious regional judicial inequityare not in accordance with the seriousness and impartiality of the law.Third part: Draw lessons from foreign commutation system. The authorintroduces the commutation system aboard to find out the right part forthe perfection of ours, including hearing the opinions of the partyconcerned during the trial of the commutation hearing procedure, settingup a special court for the cases of remission, arranging experts toparticipate in the hearing procedure of commutation and strengthening theprocuratorial organs of hearing on the commutation procedure supervision.Forth part: Suggestions of perfection for the commutation hearingprocedure. According to the nature and the characteristics of thecommutation hearing procedure, people should set out the principle thatshould be followed, and perfect the current procedure. The author hopesto find the most suitable set mode for the commutation hearing procedure,by analyzing China’s commutation hearing procedure legislation and thejudicial situation, and to make a modest contributionas to theestablishment and perfection of the commutation hearing procedure.
Keywords/Search Tags:Commuting process, hearing, commuting hearing
PDF Full Text Request
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