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On The Current Commutation Of China

Posted on:2015-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:R G L BaoFull Text:PDF
GTID:2266330422970125Subject:Law
Abstract/Summary:PDF Full Text Request
Emergence of formal commutation system can be traced back of the QingDynasty," Great Qing prison draft law" in development from bud until maturity, andperfection, and finally on the theory and practice to achieve a double guaranteesubstantive and procedural, and completed the construction of the judicial system is animportant task. Its meaning has broad and narrow sense, refers to a narrow perspectivewas sentenced surveillance, detention, imprisonment and life imprisonment,according to its own penitential period in jail or meritorious service, and appropriatemitigation of their original sentence the system. Commuted to achieve the purpose ofpunishment has important theoretical and practical research on the value of: can promotepositive reform criminals, crime equilibrium principle is embodied in the execution.Commutation system in the Criminal Code applies to the very strict, were commuted toapply the principles, conditions, procedures and made specific provisions. Butcommutation system in our country is not perfect, it also has some problems, such ascommutation conditions are not specific, there are still some irrational factorscommuted to work in the People’s Cour t ruled that the lack of scientific commutationmechanism, commutation system can not be bound by the criminals after the behavior.Thus, we need to conduct our commutation system Legislation: through legislation,the scientific definition of criminal commutation conditions commutation processre-design, building science commutation ruling mechanism, create a reasonablecommutation revocation system.This paper aims at mitigating the legitim a of thesystem according to the study, certainly commutation legitimacy an placeable valuesystem exists, and from appearing in judicial practice problems, we explore andimprove the commutation system suitable for China policy, and strive maximize therealization of the purpose of punishment, safeguard judicial justice, promote socialharmony active role in the commutation system. Further optimize the commutation system and procedure in the entity will make commuted to better serve the purpose ofpunishment, motivate rehabilitation,social reintegration.
Keywords/Search Tags:Commutation system, Control measures, True repentance, Oversightmechanisms
PDF Full Text Request
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