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The Research Of The Community Correction Pretrial Investigation System

Posted on:2015-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:H M JiangFull Text:PDF
GTID:2296330473958013Subject:Law
Abstract/Summary:PDF Full Text Request
With impacts of western countries’socialization of the execution, mitigation of penalty and the economization of modern criminal law concept, a pilot project of community correction has been operated since 2003 in China and it has fully implemented throughout the country from 2009. With the 2011 "amendments to the criminal code (eight)", the legal status of community correction has been established and has become a basic penalty enforcement system. Pretrial investigation system as an essential preamble procedure of community correction, it provides not only the referee basics for the judicial organ, but also an important reference of individualized at the event for the penalty enforcement authority, which has a history of more than one hundred years in the west and has a perfect theory system and legal system. In recent years, as a hot topic in criminal justice reform and innovation, pretrial investigation system has launched a pilot in Chinese provinces and cities, and achieved some success, but the lack in the legislative and institutional level, the judicial practice exposed many problems, for instance, it’s status on legal was not clear, the body of work have not been unified, the program designs was not unreasonable, the survey content was not standardized, so it was a mere formality and limited the realization of legal effect.From angles of the theoretical foundation, the history of development and social values, this paper tries to explain the pretrial investigation system of community correction in details, bases on the problems in our legal practice, refers advanced practices and experiences, and proposes solutions and specific countermeasures.
Keywords/Search Tags:The community correction, Pretrial investigation, Existent problems, Countermeasures and suggestions
PDF Full Text Request
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