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An Empirical Research On Crimes Of Misconduct Concerning Commutation Of Sentence,Parole And Temporary Execution Outside Prison

Posted on:2018-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:L F LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The prison is the organ that puts state punishment into effect.Prison police,as the subjects for law enforcement of prison,have a great responsibility to execute the penalty and reform criminals so that they must be the high-risk groups who could practice frauds on commutation,parole and temporary execution outside prison for personal gains.In recent years,many cases of prison police carrying out commutation,parole and temporary execution outside prison illegally have been exposed time and again by social media.These duty-related crimes have greatly jeopardized the state legal systems of penalty and effected people's faith in socialist rule of law and trust in national judiciary authorities.That means it is crucial to prevent the prison police from committing duty-related crimes.Therefore,the author did an empirical research on committing the Crime of Irregularities for Favoritism so as to Commute,Parole and Serve the Sentence outside prison temporarily in the perspective of prison police.In the context of the study,the first part of the article elaborated the significance based on the current situation at home and abroad.Then it discussed the constitution of the Crime of Irregularities for Favoritism so as to Commute,Parole and Serve the Sentence outside prison temporarily and the risk points,types and development trend of prison police committing this kind of crimes at the present stage from the aspect of the criminal concept and characteristics.Finally,it analyzed the cause of inducing this crime by using the contingency theory and questionnaire.And it proposed some corresponding preventive measures on the above basis.Firstly,we should step up efforts to fight prison police duty crime;Secondly,we should improve the legalization consciousness of prison police by means of strengthening education training,upgrading educational level and optimizing professional structure;Thirdly,we should improve prison police's professional sense of honor and belonging to build an atmosphere as actively as possible by enhancing the prison's financial security and culture construction,implementing all measures on treating the prison police preferentially;Fourthly,we should perfect the penalty execution system and the work procedure on the level of jail law enforcement to solve the system problems and ensure justice in every link of law enforcement and case handling;Fifthly,we should perfect the supervision mechanism by enhancing procuratorial supervision,innovating internal supervision and consumating social supervision.We hope the study can help reduce the case of prison police duty crime and provide a base for further study.
Keywords/Search Tags:Crime of misconduct, Illegal commutation of sentence,Parole and temporary execution outside prison, Empirical research
PDF Full Text Request
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