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Commutation, Parole Procuratorate Supervision Mechanism Of Synchronization

Posted on:2014-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z W WangFull Text:PDF
GTID:2296330422989939Subject:Law
Abstract/Summary:PDF Full Text Request
Execution of punishment, refers to the penalty ruling judicial activitiesimplemented and determined by the main organs with the power of execution(generally consists of prisons and detention centers) in accordance with the relevantcriminal proceedings and the court to make a final judgment against the defendant. Asthe last link of criminal activities, penalty enforcement directly affects whether thecriminal judgments and orders can be implemented in a complete, scientific,standardized and effective way, meanwhile, it has vital function and legal significationconcerned with procedural finality and executive realization for criminal lawsuitsgoing through investigation, prosecution and trial criminal proceedings. Among them,the commutation and parole of inmates, as a main way in the process of altering theexecution of punishment, begins with execution organs submit the operation and endwith judicial apparatus give a ruling. The specialized legal supervision of investigationand prosecuting apparatus runs through the overall process of criminal procedure,which also includes activity supervision for the changes of penalty execution. However,for a long time, our country’s degree of supervision and emphasis for commutation andparole, supervision effectiveness and intensity have been much lower than theinvestigation, prosecution and trial of some. There is no synchronal oversightmechanism, and the role has been far from being played out compared withinvestigation supervision and judicial supervision, making the fairness of punishmentnot being effectively protected.This paper studies how prosecutors stationed in prison carry out synchronoussupervision of commutation and parole for inmates. Specifically, mainly from the threeaspects of country’s commutation, parole status quo analysis, the importance andnecessity of commutation and parole synchronal supervision and its mechanismconstruction to start with, combining with the current actual work on the prosecutionservice of the prisons stationed in Fujian Province, to analyze the current problems and reasons lie in remission and parole, to make some exploration for improving theexisting monitoring system of execution of punishment, for seeking a breakthrough onstandardizing the synchronous supervision, and also for the orderly conduct of legalsupervision and implementation.
Keywords/Search Tags:commutation of punishment, parole, synchronal supervision, judicialization
PDF Full Text Request
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