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A Study on Commutation System

Author: LiuWeiNing
Tutor: SangBenQian
School: Shandong University
Course: Criminal law
Keywords: Remission system The main problem Suggestions for Improvement
CLC: D924.12
Type: Master's thesis
Year: 2010
Downloads: 124
Quote: 0
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Abstract


The commutation system as the criminal legal system in China is a very important execution system, criminal law, especially the play of the penalty function plays a significant role, but in the era of rapid transformation of Chinese society, the criminal case is a high incidence of recidivism rate surged commutation individual links in the system to reduce the penalty's deterrent force, the impact the penalty of prevention function, a departure from the purpose of the penalty. Proposition for such an era, most legal researchers go into the road of moral philosophy, from the point of view of the right to understand the legal issues, to think and to solve social problems to Reprieve, the humane international executioner trend for the background, the commutation as criminals the right to demonstrate and analyze the remission system, its advocates but Fa Yan French packaged some moral intuitions, their biggest shortcoming: the lack of a rigorous social science argument. The proposed approach from the social sciences (Law and Economics) problem-solving ideas and programs, reveals the economic logic behind the commutation of the legal system. The theoretical basis of the remission system, the legal basis, legal nature and the practical application of the situation analysis and the comparison of the system of Chinese and foreign commutation, legal deterrence theory Perspective, pointed out that the lack of deterrence and deterrence excessive is not conducive to the realization of the purpose of punishment, and how The purpose of the perfect remission system, to maximize the effect of the commutation system, maintain proper deterrence efficiency, reduce the rate of recidivism, the penalty given practical countermeasure recommendations. Remission system of law and economics analysis shows that the economic theory of crime and punishment can obtain the remission system design and perfect guidance right. Based on this research paradigm, this paper discusses the remission system is divided into four sections: Section I of the theoretical basis of the remission system. Start with remission system and the relationship of the purpose of punishment on the theoretical basis of the remission system, legal nature, from system design purposiveness starting indicate the legal basis for the existence of the remission system, certainly remission system in judicial practice, while emphasizing should obey the commutation system, service to achieve the purpose of punishment. Section II, a comparative study of Chinese and foreign commutation system. By Chinese and foreign commutation comparison of some of the specific aspects of the system, noting that China's commutation of the need to fix the problem at the institutional level, it is these lead to the question of the existence of the lack of deterrent penalties, penalty prevention function is affected. The third section of the remission system analysis of empirical studies and law and economics. Types of criminals in a prison commutation magnitude, the actual serving a sentence of empirical research, Perspective penalty deterrence theory ', analysis, discusses the problems of remission system in the existing judicial practice, these problems reduce the deterrent effect of the penalty is one of the reasons for the increasing rate of recidivism, a departure from the purpose of punishment. Section IV presents the remission system reform and improvement proposals. Remission system at this stage how perfect propose ideas put forward to improve the structural defects of the penalty system, to protect the overall deterrence of the penalty system, and strictly limit the application of commutation, expand parole, and to improve the efficiency of the penalty's deterrent more in line with China's national conditions advocate, in order to better achieve the purpose of punishment, to maximize the protection of the unity of justice and efficiency.

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