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Studies Of Criminal Justice Criminal Policy Of Temper Justice With Mercy

Posted on:2014-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:W J GaoFull Text:PDF
GTID:2266330401484956Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Community correction is a non prison sentence implementation methods,manifest the penalty rolling, carry out the criminal policy of "tempering justice withmercy", which reflects the "rolling" side. The criminal policy of "tempering justicewith mercy" as the basic criminal policy, its guiding role throughout the criminallegislation, judicature, law enforcement process, applicable community correction ispunishment rolling reflect, community correction as executive link, communitycorrection itself operation also need to carry out the criminal policy of "temperingjustice with mercy", in the concrete implementation of community correction, thepunitive side can not be ignored, and the width of severe, KuanYan regularly.This paper structure is divided into three parts:The first chapter mainly discusses the basic problems of the communitycorrection, which is the nature of community correction, on the analysis of severalpositioning on the basis of the theory of community correction, finally come with dualattribute. The theoretical foundation of the community correction is respectively,eclecticism punishment view, the concept of restorative justice and punishmentmodesty-socialist.The second chapter, first of all, community correction to the criminal policy of"tempering justice with mercy",criminal policy path exploration,(which including thecombination of punishment and mercy of criminal policy and combining analysis andreflection of the criminal policy of mitigation criminal policy thinking), scientificcrime, crime situation of reasonable selection, this paper based on the analysis of thecriminal policy of "tempering justice with mercy" is China’s rational choice. Secondly,this paper discusses community correction and criminal policy of "tempering justicewith mercy""strict" side and "wide" one side of the fit. Again, this paper discussesthe community correction and criminal policy of "tempering justice with mercy"existence contradiction from place, mainly displays in legislation, implementingmechanism. Legislation problems were shown in control without punishment from without, suspension of sentence and parole from without, from execution outsideprison without community correction from and the effect of the assessment basis fromwithout. Implementing mechanism performance problems in the judicialadministrative organs perform, judicial rewards and punishments and rewards andpunishment, administrative supervision mechanism of community correction,procuratorial supervision and Community constructionIn the third chapter of community correction in the legislation, enforcementmechanism problems puts forward improvement Suggestions.
Keywords/Search Tags:Community correction, Tempering justice with mercy, Rolling, Punitive, Civil society
PDF Full Text Request
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