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On The Commutation The Parole Adjudicate Procedure Litigation Establishing In China

Posted on:2013-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ChenFull Text:PDF
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Penalty as the most stringent measures to protect the social order, the entire implementation process affects the most basic rights of citizens, the most important relationship to social fairness and justice. Commutation and Parole important form of Punishment Execution changes affect the realization of the purpose of punishment. Our judicial process, criminal penalties for "re-entrance light export" great importance to the fight against crime, the degree of attention during the execution of penalties is obviously insufficient, it is evident from the number of legal provisions, the Code of Criminal Procedure only on the commutation parole made provides for the principle, there is no operational design based practice is a legal document, a lower level, enough Yan Jin, specification. The current commutation ruling on parole program administrative Feature, ignores the relative human rights. I believe that, Commutation and Parole existing resources, the tripartite structure set relative Commutation and Parole party to play a catalytic role in the entire course of the proceedings, giving it the right of self-relief. Litigation Establishing conducive to restrict public rights, the promotion of justice. Programs may not necessarily be used frequently, the significance is to provide a fair approach to the theory and practice there are conflicts.Sentence reduction and parole ruling procedure is very similar, if applicable object is basically the same, and to participate in the main identical, existing procedures identical, similar ruling procedure design. The introductory part of this article a brief of commutation of the parole system, the status quo, and pointed out that the commutation parole hearing heard in the background, and then of commutation parole program, think our study Commutation and Parole insufficient. In the body of the article, the author analyzes the Commutation and Parole own property, judicial practice of commutation parole positioning the commutation parole features, pointed out that the main issues:the administration of justice in the current ruling procedure of trial formalized drew unreasonable, the main object of relief missing, ruling that the instruments are not standardized, low efficiency of litigation. Solve many problems, I proposed Commutation and Parole request directly to the Court by the inmates of the new ideas, and the commutation parole determination proceedings for the necessity and feasibility has been demonstrated. Necessity is mainly from three aspects of the legal principles, the protection of the interests of the inmates, justice explain why litigation Establishing; feasibility in terms of v. contention content, participate in the main, of equality of arms and other elements of the analysis. Commutation and Parole ruled the proceedings of the program of building envisaged as follows:inmates sue request Prosecution defense views, judicial center referee tripartite structure. Which focuses on analysis of different subjects drew the pros and cons of commutation parole inmates directly to the court to draw the value of the other cases under the jurisdiction of the proceedings, the protection of the rights the form of an award, the relief program, the initial ideas. Judicial practice, taking into account the current situation from the perspective of better protection of the rights of inmates, I believe that can be implemented by the execution units drew Commutation and Parole mainly inmates individuals to apply for the necessary complement eclectic program startup mode.Criminal proceedings have a two-story legal value, on the one hand, the fight against crime, on the other hand is the protection of human rights. For public power, the more complex the program, the smaller the load the right, power body tend to simplify procedures, objection procedures; constraints on public rights is reflected on the protection of the rights for the subject of rights. Any proceedings set to solve the conflict of stakeholder norms, and different procedures will reflect the the litigation value orientation,"the overall objectives of the criminal proceedings should be the country, the interests of society as a whole with the suspect or defendant personal interests are broadly balanced, and for this purpose to ensure the fairness of the litigation process, humane and reasonable ". During this writing, coincides with the the NPC into account by the Code of Criminal Procedure Amendment revised the Code of Criminal Procedure fight against crime and the protection of human rights, the respect and protection of human rights "as one of the tasks of the Code of Criminal Procedure," the rule of law milestone in the process." The lawsuit is only a means, must not become an end in. The author of the commutation parole program to explore meaning through the improvement of the program to promote the idea of "respect for and protection of human rights" in the commutation of the realization of the program of the ruling on parole.
Keywords/Search Tags:Commutation, Parole, Adjudicate, Litigation
PDF Full Text Request
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