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The Execution Of Probation System

Posted on:2017-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:R HuangFull Text:PDF
GTID:2336330503471488Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Life of law is not logic but experience. A legal system is perfect in legislation itself, but also through the practice to test. Probation inspection system is to promote is declared probation criminals rehabilitation and reintegration, which as part of the probation system, for the implementation of the probation, for the realization of the purpose and the value of probation system is particularly important. With China's“criminal law amendment(eight)” the introduction of probation as an important part of the penalty system in China, the status of the increasingly prominent.However compared to the legislation to respond rapidly, China's judicial of the probation system did not timely follow-up, resulting in China's “criminal law amendment case(eight)”on probation in the modification of a larger space, but at present our country investigation system in legislation and judicial practice there are problems still is more prominent. Such as period of probation investigation of uncertainty. The effects of is too general and vague and subject of inspection, the lack of supervision,probation revocation procedure chaos, level is not clear, theoretical study on probation inspection system is and the judicial practice needs to be seriously out of touch. At the same time probation inspection system in the legislative deficiencies, resulting in probation and supervision of the problem, the various parts of the implementation of the probation Visible, our country criminal law theory study on the probation inspection system is still confused, in judicial practice there are great blind area, a fact that can not be ignored in front of us: in our country, the probation inspection system also do not play a its value and effects. Based on the thinking of the problem and responding to China's probation system theory research and judicial practice of perfecting probation inspection system needs, choose the probation inspection system as my master's thesis, to lack of legislation and practice in the probation inspection system and tries to make some suggestions, perfecting probation inspection system.This paper consists of five chapters. Chapter one tells the story of probation, the probation investigation of theoretical knowledge, chapter two to Chapter 5 write probation system in legislation and practice problems, combined with the case, from probation legislation system and other system design proposed solution, perfecting probation inspection system.
Keywords/Search Tags:probation, probation investigation, probation execution, inspection period, probation improvement
PDF Full Text Request
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