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The Application Of Rectification And Prevention Principle In The Supervision Of Punishment Execution From The Perspective Of Procuratorial Work In The Prison

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhouFull Text:PDF
GTID:2296330452456364Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Although our laws confirm the status of law supervisor for the execution ofpunishment by procuratorial organs, the specific relevant laws for the supervision of theexecution of punishment are still imperfect. For the department of procuratorial organswork at prisons, how to follow the scientific laws and principles to exercise thesupervisory duty and execution of punishment In legal flaw situation, which is a majorissue with insufficient theoretical research and pressing practice demand. In the judicialpractice, by means of the duty crime cases investigation and illegal acts to be corrected inthe prison, the work of punishment execution supervision by procuratorial organs hasachieved positive results. However, all sorts of illegal acts of the execution of punishmentstill happen despite repeated prohibition, and these illegal acts even cause some extremelyadverse impacts on society. Hence, serious judicial reality requires us not only toinvestigate for the legal responsibility of illegal behavior person, but also to grab from thefountainhead and build a long-term mechanism of execution of punishment system.Inview of that, according to the strategic policy of anti-corruption,we will fight corruptionin a comprehensive way to research the application of rectification and preventionprinciples, which plays an important role in the current procuratorial reform theory andsystem design.This essay is divided into five parts:the general theory of rectification and preventionprinciple in the supervision of punishment execution;the necessity and feasibility ofrectification and prevention principle;the specific contents;the main problems for theapplication of rectification and prevention principle; the countermeasure and suggestionfor the application of rectification and prevention principle.Part one sets up the concept of rectification and prevention principle and the relatedlegal concepts in the supervision of punishment execution; exposits the production, process and development of the rectification and prevention principle; presents the basiccharacteristic of the rectification and prevention principle; and analysis several relationsthat should be treated well in rectification and prevention principle.The second part of this paper analysis the necessity of rectification and preventionprinciple, and then, discusses the feasibility of rectification and prevention principle fromthe four aspects of the status of law supervisor, supervision form, supervision method andthe content of supervision.The third part expounds the specific contents of the rectification and preventionprinciple application, it includes all the contents of supervision of punishment execution,focuses on the nine kinds of staffs and nine links in prison and builds nine procuratorialwork systems.The forth part mainly discusses the difficulties and problems of the corrective andpreventive principle applied for supervising the execution of punishment.Part Five aims at the difficulties and problems of the principle application; putsforward countermeasures and suggestions from the six aspects: setting up the scientificconcept of law enforcement, improving the legislation of supervision of punishmentexecution, strengthening the guarantee of procuratorial work, giving the strict ofsupervisory enforcement, establishing the synchronous supervisory mode, andconstructing the comprehensive management method of ruling by man by law and bymechanism.
Keywords/Search Tags:Criminal Proceedings, Execution of Punishment, Prosecutorial upervision, Rectification and Prevention Principle
PDF Full Text Request
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