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Mechanisms For The Implementation Of Prosecutorial Oversight Of Criminal Property Built

Posted on:2015-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:W LiangFull Text:PDF
GTID:2296330467951895Subject:Law
Abstract/Summary:PDF Full Text Request
In our law-making process, clearly defined in the penal execution, by thePeople’s Procuratorate to serve special supervision agencies, to monitor the executionof punishment, which is one of the fundamental principles of law. Prosecutors tofulfill a variety of criminal responsibility oversight and supervision of the executionof punishment which carried Criminal activity is an important responsibility, andthere are many aspects of the criminal proceedings, the prosecution can say oversighttasks performed by the final step, only this step is done well, in order to ensure theintegrity of the criminal judgment, and the final result of safeguards implementationof compliance, and improve the way end. Since last few years, through the jointefforts of all levels of the judiciary, as well as the legal system improvement andgradual development in the judicial practice, the work of the prosecution ’sachievements have been recognized by everyone, especially the supervision of thecriminal execution work can be said to be achieved obvious results, in addition tooverseeing the implementation of the terms of imprisonment and the death penalty,the prosecution through continuous exploration, lessons learned, and now hasmastered a mature work also stand the test system, and in judicial practice, will beapplied, and achieved very good results this mechanism. Certainly gratifyingachievements, but in the meantime, we must also realize that there are manyproperty punishment execution deficiencies, although this is the penalty system, avery important part, but the legal principles but did not give a clear specification,leading to broad principles in real life, property punishment execution lack ofmaneuverability, the lack of mandatory measures letting this issue stalled, remainunresolved. At present, the main problem of property performance in the executionof criminal procedure, the enforcement authority in the course of any act, do notfollow the relevant laws and regulations is widespread, often do not perform propertypunishment final result, under the low end, and more importantly, this greatly affectsthe authority and seriousness of our judicial system. For these types of problems, including laws and regulations are too vague, notas an executive agency, ineffectiveness, etc, with reference to the new Code ofCriminal Procedure of the launch, on the basis of property punishment executionmonitoring system on the foreign-related analysis, This article from the perspectiveof property punishment execution, detailed analysis to determine how advancedscientific concepts of property and criminal prosecution executed and effective legalprosecution put forward the scientific monitoring tools. In the prosecution tosupervise, they can not in accordance with the relevant authorities as the case putforward rectification opinions, and these opinions are completely legally binding. Inaddition, in judicial practice, it is necessary to improve the relevant legal system, aclear division of legislative content, while the Attorney General to establish anadvanced monitoring system. Eventually, law enforcement authorities can perform,the legitimate interests of the debtor in the course is guaranteed, to promote justice.
Keywords/Search Tags:Property Punishment, penalty enforcement, property punishmentexecution prosecutorial supervision
PDF Full Text Request
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