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Research On The Construction Of Pre-commutation Assessment System

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2346330512484013Subject:Law
Abstract/Summary:PDF Full Text Request
In the criminal litigation procedures,the period from criminal detention to the beginning of serving a sentence is called detention provisoire,when is the necessary stage of criminal execution for most criminals.The application of the criminal compulsory measures limit the freedom of individuals.How to offset the imprisonment relation in the detention period is related to the vital interests of the people in detention,it shall be paid attention.Affected by the length of detention provisoire,the offsetting length difference of individual imprisonment is also larger,which shows a great difference in the commutation result and exposes the deficiency in commutation system.Due to the shortage of designing commutation system,it results in a large difference in the actual service term of the final individual.The law circle of our country uses the universal method of first detention offsetting that one day offsets one day.Considering the longer period of detention provisoire of some cases in the current criminal litigation procedures,and the criminals show the willing of admitting guilty and actively reduce the harm to the society,their behaviors have met the examination conditions of commutation,and some peoplesí periods of detention provisoire are longer than the prison term.Their performance in the period cannot be ignored.Therefore,it is of practical significance to carry out the theoretical research on the scope of commutation and to construct a reasonable pre-commutation assessment system.This paper starts from this point of view,through the analyzing status and the nature of detention provisoire,finds out the defects of the commutation system and the reasons caused these problems.It combines the characteristics,initially explores the problems of pre-commutation assessment system and expects the positive meaning in the national detention places.The introduction part introduces the backdrop,significance and forming method of the research on the construction of the pre-commutation assessment system.This paper introduces the origin of pre-commutation assessment system,through the list of cases and data judgment,analyze the relationship between detention provisoire and commutation assessment,clarify the great impact of individual commutation caused by the different length of detention provisoire.Clarify the concept of pre-commutation assessment,analyze the characteristics of the system and expound the basis for the formation of the system.This paper prove the pre-commutation assessment system from the two aspects of the necessity and feasibility,make sure thefeasibility in theory and practice,the real environment also confirms the necessity for the implementation.Implementation of the pre-commutation assessment system mainly involves the detention center,procuratorates,courts,and detainees.Build the how to implement the system in the four aspects and reflect that the construction of the system is a coordination process of several departments,it needs continuous practices and improvement and the ideal effect can be reached finally.
Keywords/Search Tags:pre-commutation assessment, etention provisoire, system, construction
PDF Full Text Request
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