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The Study On The Public Of Commutation And Parole Procedures

Posted on:2016-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:S S ZhangFull Text:PDF
GTID:2296330461962382Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The public of commutation and parole procedures refers to the procedure making known to the public and stakeholder. It is useful to protect the citizens right to information. Commutation, parole aspects of judicial corruption are common in recent years, is attracting wide attention. In this regard, the Supreme People’s Procuratorate and the Ministry of Justice has issued a standardized commutation, parole law program from within their powers to protect their legal and orderly operation. As the focus of a new round of the judicial system, the effectiveness of the judiciary publicly available for all to see. This paper attempts to program open angle, through the establishment and improvement of commutation, parole open system running in order to achieve the program runs a fair and transparent purpose. Of course, taking into account the different characteristics of the program is running, you can consider the disclosure system is divided into commutation, parole drew, trial and revocation of three parts.Apart from the introduction and conclusion, a total of five parts, totaling thirty-seven thousand words.The first part is the commutation, parole procedures outlined publicly. Commutation and Parole publicly define the functions and procedures of the public based on its content, including specific procedures drawn open, public proceedings and revocation proceedings public. Meaning the process is open from the microscopic point of view, you can maintain the case of procedural justice and promote the rehabilitation of offenders; from a macro perspective, can protect the public’s right to know and to improve the credibility of the judiciary.The second part is the extraterritorial commutation, parole program open system. Commutation, parole system originated abroad, we can learn from their experience. This part introduces the measures of USA, Britain, France, Germany, Canada. Extraterritorial disclosure system embodied in the specific norms, which can be summarized as the following aspects: the information to inform the hearing and the trial use of diverse remedies, parole revocation hearings and implementation supervision.The third part is our commutation, parole development process of public programs and problem. From a legislative perspective, the program out of an open specification file from scratch, the normative content from coarse to fine. From a practical perspective, the coexistence of a variety of open, unified information technology maturing, and thus brought a commutation, parole applicable tightens.But our country have many problems in this field. Legislation, inadequate protection of the rule of law, the lack of remedies. In practice, the issue brought to the stage for the formal public places, public virtual home network and prosecutorial oversight of weakness. Trial phase problem for the network platform construction deficiencies, such as the existence of formalism. Meanwhile, a number of factors handling pressure, court location, technology, capital, also restricts the public’s effect. In addition, there is a problem not publicly parole revocation procedures.The fourth part is the measures to improve public for commutation, parole program. Drew the stage, through the establishment of regular information disclosure system, the establishment of the Jury hearing system, strengthen prosecutorial supervision to enhance the prison open. By strengthening targeted to enhance normalization, establish a national information network and improve public supervision outside the prison system to strengthen public.The fifth part is the measures to improve public in the the trial stage of commutation, parole program. The public should be the perfect place to play a public role of the courts.At the same time, we should improve hearing in the trial stage and strengthen the network open platform like. Moreover, but also to establish a parole revocation proceedings public hearing system.The sixth part is measures to improve public in revoking parole. The most effective measures to solve the problem of revoking parole is to establish the hearing of revoking parole. At the same time, we should structure data in the parole execution and the public information platform.
Keywords/Search Tags:commutation, parole, procedure public, perfection of measure
PDF Full Text Request
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