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The Application Of The Commutation Process Problems And Their Countermeasures In Our Country

Posted on:2016-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:D H JinFull Text:PDF
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Commutation of the penal system as an integral part, has an important role in treatment of crime, crime prevention, and to recreate the social vitality and the like. But even so, there are still many criminals, through various means illegal, illegal applicable commutation procedures applicable in the commutation of the national staff of corruption cases are not uncommon, for our legal authority caused great damage. This is due to the commutation of the current programming are still many flaws, imperfect procedural justice will naturally lead to a result on, it is necessary to sort out the current commutation applicable procedures, to identify existing problems and to improve and modify.This paper is divided into the following sections:The first part is an overview of commutation system. First introduced the meaning and significance of commutation system. Followed since the beginning of 2012 to date, the commutation procedures applicable laws and regulations, the development and modification of judicial interpretation and policy of the sort, sorting out the procedures for the application of commutation of the legal framework. And based on this, sorting out the procedures for the application of the current commutation is divided into three parts, namely commutation drew applicable procedures, trial procedures and monitoring procedures.The second part, based on the first part of our current commutation carding applicable procedures, combined with actual cases were drawn from the commutation applicable procedures, trial procedures and supervisory procedures, it analyzes the commutation procedures for the application of the existing problems. Also pointed out that most directly interested party commutation applicable are excluded from the program, but also one of the major deficiencies of the current commutation applicable procedures.The third part, raised for the second part of the question, by improving the procedures for the application of commutation of some of the recommendations. First, on a commutation drew procedures applicable, not only to let the inmates involved, but also to improve the prison staff appraisal system. Secondly, in the commutation applicable proceedings, it is recommended to build a special commutation applicable trial sector, while expanding the scope of participation in the trial, so that inmates and victims and other interested parties to participate in the trial, to increase the transparency of the trial. Finally, on the commutation monitoring procedures applicable to enrich and strengthen the prosecution brought in commutation applicable, the trial phase and intensity of monitoring tools, at the same time, we must strengthen supervision of the prosecution afterwards apply commutation hearing at the end of the program.
Keywords/Search Tags:commutation system, commutation condition, the current system
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