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On The Perfection Of Execution Right Of Prison Penalty

Posted on:2018-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:R LuoFull Text:PDF
GTID:2346330515970688Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Prison is the main organ of the implementation of our penalties,as the punishment of criminals,the responsibility of the transformation of criminals,is the last sentence of the right to punish,and occupies an important position.The execution of the prison penalty execution is insufficient to determine the failure of the criminals to be unsuccessful.Our prison during the execution of punishment in order to labor reform and education reform as a means to correct the transformation of psychological assistance,most of the successful rehabilitation of offenders as law-abiding good citizens.The implementation of the prison penalty has made great achievements.However,there are many problems in the execution of prison penalties.The promulgation of the Prisons Law has only made minor changes so far.It does not meet the actual situation of the prison.Some provisions of the Prisons Law are related to the Constitution and the Criminal Law.Litigation law "conflict,leading to the courts,public security and prison between the uncoordinated;prison due to the rights and obligations of criminals is not clear enough to lead to violations of the rights of criminals have occurred frequently;prison guards rights protection is not perfect,In the case of the classification of the prison,the provisions of our laws or in accordance with the natural characteristics of classification,is not conducive to the transformation of criminals,the actual implementation of the classification process and no legal provisions,there is no uniform standard,resulting in a Classified chaos.In the analysis of the prison of these problems,see the relevant information,summed up the reasons for these problems,in addition to the history of China's prison development reasons,the biggest reason is that the relevant legislative work of the prison is not perfect,the penalty cannot be implemented,resulting in many The problem arises.I think that the implementation of the prison penalty execution right should be carried out from three major aspects,one is to improve the relevant legislative work of the prison,only the law to improve the execution of the penalty can be more perfect;the second is to improve the internal management of the prison,the law is only based on,The internal management of the prison is the prison sentence execution right of the specific content,so we should pay attention to the work of the prison;third is to improve the new mode of implementation,with the development of the times put forward a new penalty execution method,and perfect.This article through the relevant information to understand the current status of the implementation of the prison,from the above three aspects of a detailed solution,we must first improve the "prison law" to amend the conflict with other laws,add the existing legal blank It is necessary to perfect the implementation of the relevant laws and regulations,and pay attention to the study of the prison law.Secondly,it is necessary to clearly stipulate the rights and obligations of the criminals and ensure the prisoners' Rights,detailed prison classification management,improve the transformation effect;finally,improve the emerging prison,put forward short-term alternative punishment,the establishment of a comprehensive prison information system.Through these measures to improve the implementation of the right to the prison sentence,to improve the efficiency of transformation,achieve the purpose of preventing and reducing crime.
Keywords/Search Tags:Execution of penalty, <, Prison law>, , Prison classification, Prison management area before out the prison
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