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China temporarily outside prison system of systems analysis

Author: LiXiaoLi
Tutor: WangShunAn
School: China University of Political Science
Course: Criminal Law
Keywords: Temporary execution outside prison Medical parole Community Correction Socialized execution Temper justice with mercy
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 231
Quote: 2
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Abstract


Temporary execution outside prison system of penalties for criminals with special circumstances a change implementation , in line with the penalty of humanitarian nature , the penalty Modesty and penalty requirements of the economy , in line with the current of Penalty and Execution Socialization penal reform trend. However, the applicable conditions of the temporary execution outside prison system in China is not optimistic , there are many problems in the legislative and judicial practice . Temporary execution outside prison system from the legislation for the improvement of the system . This article is divided into four departments to analyze the temporary execution outside prison system . Introduction to reveal the current international mitigation of penalty , the penalty of execution of social reform trend of combining punishment with leniency the criminal policy of the execution of punishment , pointing out that the temporary execution outside prison system conforms to the development of the times . The first chapter outlines the country temporarily outside prison system , including the temporary execution outside prison connotation , function , in order to grasp the country temporarily outside prison system . The second chapter introduces the foreign temporary execution outside prison system, and China 's comparative analysis , to enable our country to learn from outstanding foreign legislation reasonable and perfect the system of temporary execution outside prison . The third chapter summarizes the applicable status of temporary execution outside prison system , and pointed out that the system there are many problems in the legislative and the judicial process , including legislative conflict , decided to diversification , poor implementation , and monitoring in place However , the question boils down to , or imperfect legislation , can not ensure that the temporary execution outside prison system to run the whole set of norms of the law to guarantee the implementation , so the analysis of the application of the system status quo , to promote its legislative perfect . The fourth chapter presented of how temporary execution outside prison system legislation perfect , including expanding the scope of accreditation standards improve medical parole and institutions , a unified ruling People's Court , the establishment of sound mechanisms for implementation , and the creation of related agencies linkage mechanism , and so on. Advocate the enactment of the Community Correction Act , rely on Community Correction , improve the operating mechanism of temporary execution outside prison .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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