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On The Commutation Of The Short-term Prisoners In China

Posted on:2017-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:C Z LiFull Text:PDF
GTID:2336330512954784Subject:Law
Abstract/Summary:PDF Full Text Request
Commutation is the process of execution of punishment in the criminal execution system, according to their repentance or meritorious performance and appropriate to reduce a penalty of the original penalty. The number of commutation cases is far greater than the number of parole cases.Commutation is China's most important and most widely applicable penalty system. The commutation is not only conducive to incentive the active transformation, but also conducive to the maintenance of prison management order. This paper called "short term criminals" refers to the people's court verdicts and sentenced to no more than three years imprisonment criminals; "long term criminals" refers to the people's court verdicts and sentenced to more than three years imprisonment criminals. The number of short term criminals in prison is more. according to the provisions of the revised "Criminal Procedure Law" of the People's Republic of China, the number of short term criminals in prison will increase significantly. The ratio of short term criminals commutation is still lower than the ratio of long term criminals commutation, lead to commutation is not balanced, not fair. " the same treatment, a similar situation like " is the basic requirement of justice law, fair to the commutation of the criminals and let the community feel of the execution of punishment justice. General comparison of Chinese law on the commutation provisions in judicial practice, the penalty enforcement authorities to formulate specific provisions of the commutation is unreasonable, affects the commutation function. The analysis and research of short term criminals commutation system, has very important practical significance for further improvement short term criminals commutation system.Through the investigation, in recent years the commutation case study found that China's short term criminals commutation gradually exposes many problems: Different treatment based on prison term;The negative consequences of commutation irrevocable; The rewards and punishment system exacts defects; The commutation cases don't achieve normalization; and so on. This paper analyzes the reasons of China's short term criminals commutation system: a long time before the commencement of the custody decision; after the commutation in violation of regulations, the poor performance of the criminal sentence does not provide irrevocable commutation, contrary to the true repentance to the nature of the prison commutation; assessment content design is not reasonable, assessment standards are different, which is actually not a unified national law enforcement the lack of reference; referee hearing commutation cases, the court commuted the case mainly focused on handling the problems.This paper put forward Good short term solution of criminals commutation system. This paper argues that: the strict restrictions on the short term may be sentenced to a misdemeanor crime suspect, the defendant and custodial coercive measures applicable for dealing with minor criminal cases to solve the problem of short term program long before the commencement of criminal judgment custody; the establishment of the commutation revocation system. For true repentance the criminal was poor performance due to commutation of criminals, committed a crime louzui, retrial and other reasons make the commutation revocation has ruled; to develop a unified national, scientific, the scoring assessment system and the system of rewards and punishment discretion reasonable guidance, promote the commutation of the public, justice, protection of commutation equilibrium; professional that means of information commutation case normalization.So, this paper found the problems of our country's short term criminal commutation, analyzes the causes of the problems of China's short term criminals commutation system, from the representative scholars point of view, put forward the feasible scheme is proposed to improve the short term criminals commutation system, ensure the commutation system can better achieve the purpose of prevention and the punishment of the crime penalty.
Keywords/Search Tags:Short term Criminals, Commutation, Pretrial Detention, The Rewards and Punishment System, Commutation Revocation
PDF Full Text Request
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