| Commutation,parole,and temporary execution are the criminals who have imposed certain penalties in the current stage of the law.According to their specific performance during the period of serving their sentences,they have reduced their term of service or conditional release or temporary After accepting the supervision and receiving the prison,it was decided to change to a sentence execution system for temporary supervision.Commutation,parole and provisional execution are an extremely important penal system in the execution of penalties.The establishment of this system not only reflects China's “residence to the prisoners” in terms of punishment and reform,but also combines humanitarianism.Caring criminal policy.Reduction of sentence,parole,and temporary execution of supervision as the current execution system of punishment in China,there is a fundamental difference between each type of penalty system.Therefore,at the time of writing,the temporary prevention of the special preventive function cannot be exercised.Included in the discussion.This article mainly from the origin and development of the current commutation and parole system in China,the "Provisions of the Supreme People's Court on the application of laws on the specific application of commutation and parole cases" and the similarities and differences between the previous years,the characteristics of the commutation and parole in 2017 The impact of the 2017 commutation and parole provisions on the prison supervision and transformation work,the implementation of the 2017 commutation and parole provisions,and the coping strategies of the prison supervision work,after the implementation of the 2017 commutation and parole provisions,the prison may have problems Explain and try to find a solution.When discussing the origin and development of the current commutation and parole system in China,we first introduce the commutation system,the parole system and the temporary execution system.In order to better understand the current commutation and parole system in China,it should be circulated from ancient China.In the final period of the Qing Dynasty,the "practice punishment" system was briefly introduced.This article mainly discusses the origin of the "ticket punishment" system and the reason that the "ticket punishment" system is different from the modern commutation and parole system.The second discussion is about the legal reform in the late Qing Dynasty.The development of the system of commutation and parole in China is mainly based on the late Qing Dynasty,the new-democratic revolution,the establishment of the New China to the Criminal Law of 1979,the Criminal Law of 1979 and the Criminal Law of 1997.In the past two decades and the implementation of the Criminal Law in 1997,these historical time points have been selected for division,and the characteristics of China's commutation and parole system have been summarized in this period.In the analysis of the background and the similarities and differences between the provisions of the Supreme People's Court on the application of certain laws on the specific application of commutation and parole cases,the Supreme People's Court mainly issued the "Applicable Law on the Application of Laws for Commutation and Parole".The background of the provisions of certain issues and the similarities and differences between the provisions of commutation and parole over the years are mainly compared with two major aspects,especially the comparison of the similarities and differences between the provisions of commutation and parole over the years,through the comparison of these similarities and differences.Observe how the development of the commutation and parole provisions in 2017 will be based on inheritance.This is the third part of this article,which is the characteristics of the 2017 commutation and parole provisions.Some of these characteristics are the same as the commutation and parole provisions of the previous years;the difference is the biggest point of the 2017 commutation and parole regulations,such as In the legislative background,for the first time in the judicial interpretation,the nature of commutation,the nature of parole,the adjustment of the commutation structure is more scientific and the introduction of “property judgment”;some are responses to the current criminal policy of tempering justice;some are The specific implementation of the penal system of “life imprisonment” in the Criminal Law Amendment(IX)makes these provisions of commutation and parole in 2017 not only theoretically relevant but also more specific and operational.In 2017,the commutation and parole regulations have the title of “the most stringent commutation and parole provisions in history” within the prison system.Therefore,its implementation not only affects the sentence reduction and the length of the sentence,but also brings the existing supervision and reform mode of the prison.A certain impact,at the same time put forward a huge demand for the education reform management model and the existing prison medical conditions,which are based on "reduction of punishment and supplementation on parole".All of this requires the judicial administrative organs and various departments.The important task of benefiting the country and the people can be achieved through enhanced communication and coordination.The last part of this article is to provide preventive measures for the problems that prisons may face after the introduction of the 2017 commutation and parole regulations.The main reason is to improve the prison's overall ability to commute and parole,and to formulate and implement local 2017 commutations.The parole stipulates the "Implementation Rules",establishes a dynamic management database for prisoners,innovates the three major reform methods of prisons,and strengthens the professional construction of the prison people's police force.However,the overall central point is still around the implementation of "holding the safety bottom line.Under the premise of practicing the overall concept of “national security concept”,how to effectively improve the safety of prison supervision and transformation. |
PDF Full Text Request