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Study on the Commutation Program in China

Author: Rong
Tutor: WuHaoPeng
School: Central South University
Course: Legal
Keywords: Procedure of commutation Supervison upon commutation Prison
CLC: D924.13
Type: Master's thesis
Year: 2012
Downloads: 83
Quote: 0
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Abstract


As one of our important penal execution system, Commutation system has significant function for the country to realize the power of punishment. Actually it plays an important role in preventing the criminals to commit crime again, and guarantying the security supervision order and maintaining social stability. Being one part of the commutation system, the program is the basic guarantee to realize the default function in Commutation system. But now in our country, due to the deficiency of legislation, our commutation system has many problems in the process of the execution of the commutation program, which especially showed on the following aspects:irregular specification; rigid application settings; simple relief mechanism; weakening supervision mechanism and so on. Therefore, it should influence the system function. Based on an investigation, the author puts forward some opinion on the improvement of the commutation program, such as optimizing the sentence program, perfecting commutation trial, clarifying the participants’right, etc. Through the above-mentioned measures, the author anticipates it would make up the insufficient in the provisions of the Commutation program. For the criminal legislation of our country, the author initiated we should enhance commutation to be operational and normative in judicial practice to advance the commutation program.

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