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Research On The Construction Of Temporary Execution Outside Prison Hearing Procedure

Posted on:2021-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:H QiuFull Text:PDF
GTID:2416330629450902Subject:legal
Abstract/Summary:PDF Full Text Request
In 2012,the criminal procedure law revised the supervision method of temporary execution outside prison,which changed the original post-supervision to synchronous supervision.However,from the perspective of judicial practice in recent years,there are still cases of temporary execution outside prison in violation of laws and regulations.This shows that the effect of procuratorial supervision is not ideal.The reason is that although procuratorial organs have changed the supervision way,they still examine documents,which is a kind of office work.Without comprehensive grasp of the individual situation of criminals and participation in the adjudication process,the examination and supervision will become water without source and tree without roots.Procurators entrusted with the task of supervision can only examine the materials submitted in person by the adjudicatory organ,and cannot conduct substantive examination.Because of this,through the construction of temporary execution outside prison hearing procedures,to achieve the implementation of temporary execution outside prison and the procuratorial organs of synchronous supervision of the integrity of the docking,and then promote the system of temporary execution outside prison continuous improvement.The introduction briefly introduces the writing background of this paper,points out that the existing system of temporary execution outside prison has some problems,such as the closure of the ruling process,the implementation of the supervision in advance,and the weakness of the supervision afterwards,and explains the necessity of this paper.This paper will discuss from five aspects.First of all,this paper systematically introduces the temporary execution outside prison hearing system,explains its characteristics and expounds its significance to the reality.Second,on the basis of consulting a large number of practical cases,this paper sorted out and analyzed the existing system of temporary execution outside prison from four perspectives:qualitative analysis,operation mode,operation status and existing problems.Third,this paper uses the method of comparative study,through the comparative analysis of the system of temporary execution outside prison in Russia,Japan,Germany and other countries,points out the reference of this aspect to China's system reform.Fourthly,this paper analyzes the necessity and feasibility of introducing the hearing procedure into the system of temporary execution outside prison,so as to explain that the introduction of the hearing procedure conforms to the practical needs of the existing system of temporary execution outside prison and helps it out of its dilemma.Fifth,this article from the application principle,the procedure choice,the procedure design,the participation main body's definition and the corresponding supportingmeasure reform and so on and so on establishes temporarily outside the prison execution hearing procedure to carry on the elaboration.
Keywords/Search Tags:Temporary execution outside prison, Hearing procedure, Procuratorial supervision, Litigation reform
PDF Full Text Request
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