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Study On The Construction Of Commutation Revocation System

Posted on:2015-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiuFull Text:PDF
GTID:2296330431455802Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The commutation revocation system may be defined as a system that after thepeople’s court made an order of commutation, the law or fact on which the originalorder of commutation based was wrong during the execution of punishment; or duringthe commutation-testing, the commuted criminals have the behaviors of seriouslyviolating the prison law or recidivism by the people’s court’s trial and verification,then the original commuted sentences were revoked partially or fully in accordancewith legal procedures. It is characterized by particular suitable objects, particularavailable periods, particular causes for cancellation and particular legal consequences.The establishment of the commutation-canceling system can increase the subsequentrestrictions of the commutation, meet the essential requirements of commutation,adjust the penalty structures, supervise and restrict the penalty power, and enhance theprocuratorial organs’ post supervision of penalty. The commutation continues in theprocess of execution when the people’s court sentences the criminals; and thecommutation is the rights of criminals which mean the construction of thecommutation-canceling system is feasible in theory. Besides, with the increasingpromotion of the criminal policy of combining punishment with leniency and theconstant emerging of the cases of the commutation-canceling, the construction of thesystem has not only the support of criminal policy, but also solid practical basis. Thecanceling commutation applies to the criminals that the law or fact on which theoriginal order of commutation based was found wrong during the execution ofpunishment; or the criminals who seriously violate the prison laws or have committedintentional crimes during the commutation-testing. The canceling commutationsubmitted by the penalty executive organs, is made after the people’s procuratorate’sreview and the people’s court’s trial in secession. Both the criminals and theprocuratorial organs can participate in the trial of the courts. If the criminals contestthe results of the courts, they endow the rights of appeal. Because the twosituations---the change of the punishments caused by the commutation and thestatutory commutation are special, they should be made as the applicable exceptionsof the canceling commutation. If the commutation-canceling system was establishedin China, its specific contents should be defined in the form of law, and make relevantprovisions in the substantial and procedural laws separately.
Keywords/Search Tags:Commutation, Commutation revocation, Purpose of punishment, Specificconstruction
PDF Full Text Request
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