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Research On The Perfection Of Commutation System In China

Posted on:2018-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z B XuFull Text:PDF
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Commutation is the key link in the execution of law enforcement organs. As a long-term work in the prison the rank of police, are reported to the commutation position,tries to combine the practice of management, the fact that the reform of criminals commutation and personal experience, some specific problems put forward some suggestions to improve the commutation.The first part of this paper is to study the value of commutation system in our country. By discussing the concept of commutation, this paper introduces the idea of abolishing the commutation system due to the change of the original sentence and the judicial injustice. Aiming at the abolition of reason, analysis of the nature of commutation, shown as an important system of the change of penalty commutation, the term of the minus result, did not change the original sentence, there is no change in the execution of penalty, just change the penalty range and content, and puts forward the commutation is a special contract similar administrative contract the inequality between the main point of view, so as to prove the existence of commutation system still has certain practical significance, it should be retained.The second part of this article is to review the commutation system in China, the formation and development of China’s current commutation system. Including a commutation is proposed right is not clear, including the main uncertainty and put forward the commutation commutation pattern of this uncertainty; two is the commutation hearing system is not perfect, there is a gap between the scope of judicial practice and commutation hearing, the trial commutation open procedures to be to further standardize and improve; the three is the property punishment execution system has certain defects, does not distinguish between the specific circumstances of the individual,the excessive pursuit of property penalty performance may lead to new judicial injustice;the four is about the commutation revocation system, although the current commutation system section provides repeal commutation provisions, but cancelled by the who proposed, which revoked the situation? Urgent need for further provisions.The third part is on the existing problems of commutation response: one is to confirm the commutation right by the penalty enforcement authorities bear, and set up a"prison area audit collective research condition, after the attorney office in prison for examination and approval, the proposed commutation mode. Two is to improve the commutation hearing system, in addition to increasing the scope of application of the trial, the court proceedings should be divided into preparation, trial, publicity stage three.The three is to improve the implementation of property punishment system, put forward the method of determining the property punishment and the property punishment punishment. Four is to improve the commutation revocation system, with reference to the probation period system, the establishment of a test period in line with their own characteristics, and to provide the corresponding revocation. In addition to the above four problems puts forward some improvement suggestions, also recommend the special criminal, namely juvenile offenders and improve the relevant short punishment of criminals, the commutation system, the former shows the state for juvenile care, which shows the unified national judicial fairness and initiative.It should be noted that the report submitted to the author, at that time, the implementation of specific documents about the commutation has passed in 2011 "the Supreme People’s Court on handling commutation,parole provisions casesspecific application of the law", and other policy documents, such as 2014 the Central Political Committee released the political commissar [2014] No. 5 "on the strict norms commutation, parole, temporary probation, and to prevent corruption in the judicial opinions" etc.. In this writing process, by the Supreme People’s court interpretation [2016]No. 23 "the Supreme People’s Court on handling commutation and parole case concrete application law provisions", effective January 1,2017. Whether it is the previous version of the provisions of the new regulations, the provinces,autonomous regions and municipalities are combined with their actual situation, the development of specific measures for the implementation of the commutation 2011. For example, according to the provisions of the new F Province issued the "F Province on commutation, parole cases implementation rules" (Trial), and has begun to implement. At present, the implementation details of other provinces or in the draft for comments stage, or in the initial stage of implementation, more immature. Therefore, the author only takes F province "rules" as the object, as the reference of the relevant system in the paper.
Keywords/Search Tags:Commutation system, Commutation right, Property penalty, Commutation of withdrawal
PDF Full Text Request
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