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Some Issues Research. Commutation System

Author: HeZuo
Tutor: MaSongJian
School: Zhengzhou University
Course: Legal
Keywords: Remission system Criminal Suitable for Commutation process
CLC: D924.13
Type: Master's thesis
Year: 2011
Downloads: 64
Quote: 0
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Abstract


This article is a study of the remission system. I combine prisons over the grass-roots work experience, analysis and discussion of the penalty system in remission system. The commutation of the sentence of a very important penalty system is currently the most commonly used of a criminal incentives. Large number of judicial practice has proved that the commutation is conducive to the rehabilitation of offenders, continuing its existing good deeds, but also conducive to avoid penalties for excess social benefits of penalty. Although our execution work in practice has accumulated a lot of experience and achievements, but also there are many places that need further improvement. This article is based on the basic theory of the remission system, through the analysis and discussion to further rationalize the commutation powers are vested in, the applicable object as well as commutation process aspects, pointing out the inadequacies of its existence and put forward a sound measure to enhance the commutation in Legal Practice in operability to achieve the purpose of punishment. Entire article first to understand the theoretical basis of the system starting from the commutation commutation system, pointed out that the two theories based on the concept of education criminal thinking and the concept of human rights; Secondly discusses the remission system function, affirmed the value of the remission system in The effect of judicial practice; Finally, the attribution of the commutation power reveals the differences that currently exist and put forward their own views: I prefer the commutation powers vested in the judicial. Secondly, on the commutation of sentence applicable object. Reprieve criminals and Probation the commutation problem status quo of the the property criminal offenders, short sentence prisoners, minor offenders, as well as old and sick prisoners investigate leads Reflections applicable to these types of objects in a specific operation. That the crime because criminals are different, the its transformation performance jail and its situation is different, reflected the extent of the harm to society are not the same, therefore, specific standards mastery the difference between different types of crime, to master different remission criteria set different commutation at encounter. Finally, to study the problem of the commutation process, is also a key part of this dissertation. The author of this part of the content classification investigate the problem, namely the prison commutation law enforcement problem, the court hearing commutation cases and the prosecution oversight responsibilities to these types of problems, a detailed study of superficial understanding, that the penalty enforcement organs, judicial organs and the prosecution really earnestly fulfill the commutation duties, and actively improve the related link, synchronous operation of the commutation cases, be able to safeguard the the commutation interests of criminals, legal fairness, justice.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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