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On The Procuratorial Supervision Of Temporary Execution Outside Prison Not Included In The Period Of Execution

Posted on:2017-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Z WuFull Text:PDF
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The procuratorial organ is the legal supervision organ of our country,fulfilling the legal supervision right in accordance with the law,and supervising the execution of the penalty.At present our country penal execution supervision is still inadequate,especially temporary probation is not included in the problems of legislation,supervision and other means of a single sentence execution procuratorial supervision."Criminal Procedure Law" provisions of the two special cases are not included in the execution of the sentence,but missed the original implementation of the organs is not timely to allow criminals to prison;the detention time included how to implement the sentence of this problem".In addition,the Supreme People's Procuratorate criminal procedure rules,the implementation of the organs of the prosecution to rectify the notice if there is objection,should be in the period after receiving the notice,the request for reconsideration.The procuratorial organ may make a notice of correction,and the decision to cancel.The procuratorial organ shall not revoke the decision;the supervisor may review the requirements of the higher authorities to obtain the final results.However,this provision is procedural relief supervision organs,if supervision organ neglects or refuses to correct the violation,the right of supervision is unable to obtain relief,because the law is lack of maneuverability,the lack of supervision organs caused by error correcting force,resulting in unsatisfactory effect of supervision"The Supreme People's Court on criminal crime crimes due to leakage,the original commutation should be how to deal with the opinion"(the supreme law of the 2012 Document No.44),"the criminal was commuted after,after being found omitted crime or commits another crime and punishment according to law,the provisions of the criminal ruling minus the term is not included in the term" also has significant defects,cause the penalty to change the implementation of supervision laws conflict with each other.This paper uses the method of comparison and empirical analysis,through the analysis of improper temporary probation case,focusing on China's temporary probation is not included in the execution of sentence probation practice,from the concept,characteristics and current situation of procuratorial supervision to improve the inference,The relevant legal interpretation of academic contend,in view of the above suggestions:one is to establish the legal defects,regulations or new regulations to complement,not timely put in execution of sentence;two is the abolition of the supreme law of the 2012 Document No.44,established by the ruling in the execution of sentence commutation principle;the three is to put forward how to perfect the suggestion to our country criminal procuratorial supervision,strengthen the procuratorial organization construction,change supervision mode,improve information sharing linkage mechanism;to convert from administrative mode to the handling mode,change the way of examination;with good supervision mechanism,give full play to the role of national institutions,organs of state power,the masses and public opinion supervision,perfecting the community correction system;establishment of prosecutors for commutation,parole,temporary probation program control litigation mechanism to achieve procedural justice to ensure public entities Positive.
Keywords/Search Tags:temporary probation, procuratorial supervision, procuratorial supervision is not included in the sentence, two special supervision
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