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Penalties Associated With Reduced Parole System

Posted on:2016-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J YinFull Text:PDF
GTID:2296330482960016Subject:Law
Abstract/Summary:PDF Full Text Request
As the fine punishment applicable rate more and more, fine punishment, as a supplementary punishment in criminal law system of position also gradually,accompanied by the execution of fine punishment of growing difficulties. Prison, the criminal was sentenced to freedom penalty at the same time, a large part of also sentenced to a fine punishment, in accordance with our country’s present criminal law,and to show true repentance or rendered meritorious service criminals, can of commutation, but the execution of the criminal penalty punishment can become true repentance performance evaluation standard, whether as a prison sentence parole test conditions exist disagreements. Will fine the way that goes with commutation on parole, get rid of the traditional court as the main body in the execution of penalty execution of all sorts of difficulties, and take by prison using a commutation of their sentences on parole for criminals to obtain freedom to achieve the goal of ascension fines are enforced, is undoubtedly an effective penalty punishment enforcement measures. Part is divided into four parts:The first part, the execution of fine punishment overview. First the concept of fine punishment, application situation and the history evaluation were briefly. Second, by the corresponding data stated the fines enforcement difficult situation, and from the Angle of the courts to enforce lists the various causes of difficult in execution. Again,from the perspective of legal basis for this paper expounds the prison has the responsibility and obligation to cooperate with the court perform fine punishment to alleviate the court’s difficulties. Finally, the prison can by sentence parole associated with the fine way to promote the purpose of penalty execution.In the second part, prison penalties associated with reduced parole after fine punishment implementation situation. This part the author through to the jiangsuprovince data collection and analysis of a prison. Through the data contrast reflects the penalties associated with commutation parole criminals and their families take the initiative to pay the fine before the situation is not ideal, but after the penalties associated with reduced parole, penalty enforced got obvious ascension, but also reflects has certain limitation and the details.The third part, the fine punishment associated with commutation and parole system. Has been clear about the sentence parole the basis, the purpose of the fine punishment and fine punishment policy basis. Commutation parole system because of the fine punishment and associated theoretical differences still exist, based on the legal basis for the penalties associated with reduced parole, legitimacy basis and the associated advantages and disadvantages were analyzed, and the author thinks that will be a fine that is associated with reduced parole is worthy of recognition, but in view of the disadvantages and defects to produce, need to further standardize and unified.The fourth part, the fine punishment linked to the commutation and parole system path choice. First of all, need to add jail to carry out the fine body, to strengthen the establishment and commutation and parole application security related penalty permitted system three aspects such as legislation, to solve the lack of legal theory;Secondly, from the perspective of fairness and justice, combined with the exposed in the current implementation of unfair injustice problem, perfect Suggestions; Finally,the fine punishment linked to the commutation and parole system in the launch timing and "money for punishment" the resolve of the problems put forward the author’s solution.
Keywords/Search Tags:fine punishment, execution, commutation parole, association
PDF Full Text Request
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