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Current Situation And Countermeasures Of The Application Of Parole In China

Posted on:2017-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2296330488956661Subject:Law
Abstract/Summary:PDF Full Text Request
Parole is an important no prisonment punishment, it is the product of social civilization, but also a harmonious society, the legal system needs of society, at the same time,it has a tenacious vitality, as a result,attention has been paid to all over the world. In recent years, our country has been perfecting the legislation, set up a set of relative perfect parole standard. However, the application of parole in legislation and judicial practice is still facing many difficulties in Parole application, even to the extent that it exerting influence on parole system.This paper, it takes Yanbian District parole application status as a research sample,293 parolees came mainly from the Korean Autonomous Region of Yanbian Yanji and Dunhua prison prison statistics. An attempt is made to analyze the current situation, characteristics and problems of the application of parole in Yanbian. Through the induction and summary of the data, it find the way to improve the application of parole in our country, and put forward some countermeasures.In the first part, it elaborates the purpose and significance of the study on the application of parole in our country, as well as the current research status of the application of parole in the current academic circles. In this chapter to Yanbian area in 2014 to 2016 (January-March) nearly three years of parole application as the research sample, in Yanbian area parole application scope, the use of statistical data analysis methods and literature research methods, to make the problem more intuitive and clear.In the second part, Statement of the concept of parole, then, simple to China about parole legislation and judicial interpretation of the provisions of to carry on the elaboration, the author summarizes the novelty of parole in our country in recent years.In the third part, By sorting and referencing data, introduced the Yanbian area in the past three years parole application and commutation compare, parolee criminal punishment for the original sentence of the criminal, parolee criminals have not received a sentence during the prison sentence, the probation period for a criminal to be released on parole, parole test period accounted for originally sentenced proportion of the penalty and so on.And the Parole application types of crimes, the cultural level of parole, age, ethnic minorities and other natural conditions of the Yanbian area are summed up and summarized characteristics.In the fourth part, according to the specific circumstances of Yanbian, to explore the problems existing in the application of parole in Yanbian area, that is, the court trial supervision is not implemented, to draw the narrow scope of parole, and the follow-up mechanism is not perfect. Combined with the problems of parole in Yanbian area, the reasons for the analysis of two aspects of the legislation and the application of parole in Yanbian.In the fifth part, try to put forward of our country parole application countermeasures to improve, both include the improvement of legislation on the application of parole in the country, and according to its own situation in Yanbian area, according to the proposal of setting up special courts parole hearing cases, entrusts with the litigant parole right to participate, Court judgment documents should be specific and professional, Expand the scope of Parole application of the crime of mentioning leave, Improve the follow-up mechanism of parole and so on.
Keywords/Search Tags:Yanbian area, Parole application, Current situation of application, Perfect Countermeasure
PDF Full Text Request
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