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The Practice and Perfection of Commutation System in China

Author: MaShiChao
Tutor: LuQinZhong
School: East China University of Political Science
Course: Legal
Keywords: Commutation Commutation standards Penalty Perfect
CLC: D924.1
Type: Master's thesis
Year: 2011
Downloads: 62
Quote: 0
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Abstract


Commutation of the sentence as a regular criminal justice activities in the process of the execution of punishment , has always been the focus of our prison penalty law enforcement agencies such as law enforcement , an important part of the the penalty enforcement authorities work to play in the rehabilitation of offenders in the criminal justice practice mobilize and promote important role criminals positive transformation , stable regulatory transformation order to improve the effectiveness of the execution of punishment and promote social stability . Chapter Overview remission system clear concept and nature of the commutation , defined commute attribution , draw the right commute ruling right to supervise give the penalty enforcement authorities or criminals , courts and prosecutors , and further explore the commutation of criminals and social significance , to lay the foundation for the discussion below . Chapter II , the status quo of remission system analysis, a more detailed description of the commutation of sentence applicable conditions , commutation to practice operational situation and the problems . The article believes that the current judicial practice in China , and the remission system at the entity level and program level highlights some of the problems , too principle general provisions of the relevant legislation , commutation of vague standards , based on a single , there are human provisions the commutation proportion of the phenomenon , the commutation process lack of scientific operation mechanism , the Protection of the Rights and Interests of offenders is ineffective , the form of lack of public hearing , supervision and control mechanisms are not in place . Chapter , for the preceding analysis , the article from the remission system in both substantive and procedural sound advice . Sentences Enforcement Act to develop and perfect scoring appraisal system , adjust the commutation restrictions by repealing the proportion of commutation ; proposition gives the parties the right to participate in the program level , Litigation transformation , to establish commutation revocation system and the test period , improve the supervision and control mechanism at the entity level advocate .

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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