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A Probe Into The Implementation Of Property Judgements Of Juvenile Offenders

Posted on:2019-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:S X GuoFull Text:PDF
GTID:2416330566493878Subject:Law
Abstract/Summary:PDF Full Text Request
Because of the concept of "free punishment and light property judgement" in the execution of criminal judgments,there are many problems in the design of property law enforcement system in China for a long time.Among them,juvenile offenders have some particularity compared with adult criminals,but the current legal system has not formulated targeted implementation opinions,which results in the difficulty of enforcement of Court Property judgments,especially in juvenile offenders.In November 15,2016,the Supreme People's Court issued the provisions of the Supreme People's Court on the specific application of law on cases of commutation and parole.On the basis of the provisions of 2012,the new judicial interpretation takes the performance of the property judgment in the referee as one of the comprehensive investigation factors that can be reduced.If the criminals have the ability to perform and do not perform,or do not perform all,they should be strictly applied to reduce the penalty,or even not to reduce the sentence and parole.The introduction of the new regulations has brought a great impact on the psychology of juvenile criminals' imprisonment and transformation.Therefore,it is worth exploring how to solve the contradiction between inadequate performing ability and difficult execution of juvenile offenders.Because of the concept of "free punishment and light property judgement" in the execution of criminal judgments,there are many problems in the design of property law enforcement system in China for a long time.Among them,juvenile offenders have some particularity compared with adult criminals,but the current legal system has not formulated targeted implementation opinions,which results in the difficulty of enforcement of Court Property judgments,especially in juvenile offenders.In November 15,2016,the Supreme People's Court issued the provisions of the Supreme People's Court on the specific application of law on cases of commutation and parole.On the basis of the provisions of 2012,the new judicial interpretation takes the performance of the property judgment in the referee as one of the comprehensive investigation factors that can be reduced.If the criminals have the ability to perform and do not perform,or do not perform all,they should be strictly applied to reduce the penalty,or even not to reduce the sentence and parole.The introduction of the new regulations has brought a great impact on the psychology of juvenile criminals' imprisonment and transformation.Therefore,it is worth exploring how to solve the contradiction between inadequate performing ability and difficult execution of juvenile offenders.Aiming at the juvenile criminals sentenced to a property in the implementation of personal fulfillment ability is insufficient,perform a single mode,the execution main body is not clear,the implementation of the monitoring mechanism has not yet formed on issues such as analysis,put forward to perfect the trial as the center of minor offenders sentenced to execution mechanism of property.First,to improve the juvenile offenders labor remuneration,enhance their ability to perform;second,the creation of pecuniary penalty system,rich property item third,sentenced to fulfill;establish corresponding supervision mechanism of the prison,and give fullplay to the role of prosecutors in the room,strengthen the property judgment execution procuratorial,establish communication and coordination mechanism etc.suggestions,which is helpful to solve the juvenile criminals sentenced to a property of "difficult to execute" problem.
Keywords/Search Tags:Property crimes of juvenile offenders, Minor offender, Prison for juvenile delinquents, Execute
PDF Full Text Request
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