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On the Necessity and Path of Developing Ono-Custodial Penalty in China

Author: ZuoHuiZuo
Tutor: HeLiRong
School: Guangxi University for Nationalities
Course: Criminal Law
Keywords: Non- custodial sentence Theoretical basis Necessity Path
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 110
Quote: 0
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Abstract


Non-custodial sentence , the execution of decision by the judicial perpetrators applicable , not in prisons and other places of confinement , are not deprived of the freedom of the person subjected to execution , the general term of the punishment to a lesser extent the penalty method , as well as the execution of punishment system and method . After the 20th century , the change in the theory of the purpose of punishment , of restraining criminal law thought the rise of the penalty humanitarian and development of the concept of the protection of human rights , the emergence and development of a non- custodial sentence necessary theoretical basis . Judging from the extraterritorial status of application of non-custodial sentence , a sentence of imprisonment of offenders has a positive corrective effect has become the inevitable trend of development of the world penalty should be no exception in China . Non - custodial sentence in its own implication gentle , humane , non-custodial features, making our country to achieve principle of penalties economic , penalties international trend , the execution of the concept of social , criminal policy of combining punishment with leniency , building a socialist harmonious society inevitable choice. However, our current system of a sentence of imprisonment , exist in the legislation provisions are too principles , abstract , difficult to operate , and other defects in the implementation of the presence of defects such as lack of exercise unified execution - rights organizations , which have yet to be further improved . Accordingly , first of all start from the concept , to update the concept of judicial staff and the general public ; respond to non-custodial criminal legislation reform and improve its legal status and basis for , the application object and scope , materiality and form elements modify the content should also learn from the successful experience of foreign countries , the creation of a non-custodial sentence types in line with China 's national conditions ; Finally, we shall establish a single non-custodial sentence criminal executive power , to further promote the establishment and improvement of community corrections legislation and institutions .

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