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On The Reform And Improvement Of The Commutation System In China

Posted on:2014-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:C M YangFull Text:PDF
GTID:2266330422965422Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Commutation system is an important penalty system in our country, and is widely used injudicial practice. It is a specific expression of the criminal policy of combining punishment withleniency in the penalty enforcement, and is the necessary method to achieve the purpose of penaltyat present. It plays an important role in promoting the education and reformation of criminals,maintaining the steady order of custody places, avoiding the penalty to be surplus, and savingjudicial resources. With the development of society, some defects that can not be ignored of thecommutation system in our country have been exposing. In practice, some problems includingrights protected inadequately, stealthily operation, lacking of supervision and so on are increasing,which leads to more judicial unjust and corruption, and also seriously hinder the function ofpenalty. Recently, the people pay more attention to the commutation system, which changes thepenalty enforcement. The commutation system is criticized more and more, even someone thinks itis abated. To solve the dilemma of the system, to realize the transparency of the commutation, topromote the standardization and scientification of the commutation, it is urgent to reform andimprove the commutation system.This paper tries to find out the defects and problems of the commutation system, by analyzingthe theory, legal provisions and judicial practice about it, and then puts forward the correspondingimprovement suggestions, so as to maximize its role, and be better for the achievement of thepurpose of penalty. The paper has four parts. The first part is about the summary of thecommutation, introducing the concepts, the history and theory foundation of the commutationsystem in our country. The second part analyzes the current commutation system in our country, bystudy of both the substantive application and the procedure application, which systematicallysurveys the present situation of the application of the commutation. The third part is about thedefects both in the substantive aspect and in the procedure aspect, and analyses some specificproblems, based on the above parts. The fourth part puts forward the solutions and measures toimprove the commutation system in our country.
Keywords/Search Tags:commutation system, trial, supervision
PDF Full Text Request
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