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Preliminary Study On Commutation Procedure

Posted on:2013-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:H W ZhangFull Text:PDF
GTID:2246330374474288Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Commutation Procedure is an important part of the criminalprocedure, the running of the Commutation Procedure will directly affectthe commutation system. However, the Commutation Procedure in Chinahas not been given sufficient attention which is not only reflected in thelack of theoretical research on the Commutation Procedure, but alsoreflected the running of the commutation program in practice.The law about The Commutation Procedure is inadequate, and notconducive to guide the operation of the Commutation Procedure; Inpractice, the Commutation Procedure has been operating is approval ofoperating mode, there are a lot of inappropriate commutation cases, withthe frequent occurrence of such cases, the courts gradually recognizedthat the defects of the existing legal provisions of the CommutationProcedure and are trying to ensure that the Commutation Procedure can be run fairly. With the promotion of this background, the various parts ofthe commutation on the protection of program is run in different ways. Inthis paper, combing through the legal provisions of existing laws,regulations and judicial interpretation of the Commutation Procedure,carried out a systematic analysis and evaluation of the inherent logic ofthose provisions, combined with the practices of the CommutationProcedure, the positive impact on the practice and the negative impact ofthis basis, compared and vertical sourcing ways to find suitable mode ofthe operation of the Commutation Procedure in China, and commutationof sentence proceedings of the return system to build the initial idea.Full-text has nearly30,000words, divided into three sections:The first chapter is mainly for the overall situation of theCommutation Procedure, including legal provisions and practices of theCommutation Procedure, both the analysis of the shortcomings in thelegal provisions and practices of China’s Commutation Procedure, andalso analyze in the practice of Commutation Procedure good practicesand approaches, and evaluation on this basis.The second chapter focuses on the necessity and feasibility of thecommutation proceedings of the return in full-text plays an importantnexus role is the key sections of this paper, laid a theoretical foundationfor the initial ideas of the full text of the system.The third chapter is mainly about China’s commutation return of proceedings of the systems and procedures carried out initial ideas,including the participation of the main run and the principle should befollowed of the Commutation Procedure.
Keywords/Search Tags:Commutation Procedure, Litigation, Measuresto improve
PDF Full Text Request
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