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Research On The Procuratorial Supervision Of Parole Application

Posted on:2021-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y DuanFull Text:PDF
GTID:2416330605475537Subject:legal
Abstract/Summary:PDF Full Text Request
Parole system is an important part of modern penalty execution system in China,which plays an important role in promoting criminals to transform actively,repent and be new.The procuratorial organ has the power to supervise the execution of criminal punishment.The constitution,law and judicial interpretation give the procuratorial organ the status of the subject of supervision over the application of parole.They supervise the execution of criminal punishment and the people's court in the process of exercising their legal functions and powers,regulate every link in the process of parole application,ensure that the subject of parole application exercises the parole right according to the law,and make the parole result have Justice,fairness,so as to maintain the authority of the law and the credibility of the judiciary.The article has three chapters in total in addition to introduction and conclusion.The first chapter starts from the current condition of procuratorial supervision applicable to parole,make an overall introduction of procuratorial supervision mode,laws and regulations,basic procedures and the current situation of procuratorial supervision practice of parole application.The second chapter mainly finds the problems of the application of parole system in procuratorial supervision from the current situation,summarizes and analyzes the causes.In the aspect of problems,the legal provisions are unscientific,the supervision methods are unitary,the supervision procedures of parole judgment are administrative,the participation of prisoners is low,the application of parole by procuratorial organs is still late,the number of procuratorial supervisors for parole application is insufficient,the quality and efficiency of handling cases is not high,the basic work in the procuratorial office is weakened and virtualized,and the corresponding problems are summarized from legislation This paper analyzes the causes of imperfection,lack of power,unclear positioning of the judgment procedure,insufficient attention to the protection of rights,lack of supervision procedure before the evaluation process,lack of staffing,lack of specialization,unclear responsibilities and "assimilation" of personnel.The third chapter puts forward the feasible measures to solve these problems,from improving the contents of procuratorial supervision,improving the ways of procuratorial supervision,carrying out the judicial procuratorial supervision procedure,expanding the participation of prisoners and victims in the procedure,increasing the audit procedure of procuratorial organs for the daily transformation of criminals,integrating the internal supervision force of procuratorial,optimizing the construction of procuratorial supervision team,and strengthening the post of procuratorial supervision The daily supervision of the procuratorial office,the exploration and summary of the combination of the dispatched procurators and the patrol procurators,and other aspects of the procuratorial supervisionput forward specific measures.Through my study,I want to provide a constructive reform idea for procuratorial supervision of parole.
Keywords/Search Tags:Applicable To Parole, Procuratorial Supervision, Problems, Improvement Measures
PDF Full Text Request
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