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On the non-custodial sentence

Author: HanLiFeng
Tutor: WuXueSong
School: China University of Political Science
Course: Legal
Keywords: Non-custodial sentence Penalty Building Legislation Be applicable Execution
CLC: D924.12
Type: Master's thesis
Year: 2006
Downloads: 294
Quote: 4
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Abstract


Sentences trends worldwide from barbarism to civilization. Today, the extensive application of non-custodial sentence has become a reality in developed countries. A lot of efforts in the United Nations in this regard. After joining the WTO, the challenges facing our country is not limited to the economic field, but also involved in the criminal justice system is closely related to the economic system, how to further reform to improve the penal system and the international environment standards to become a historical necessity. Currently, the Western developed countries have modern execution focus to the application of non-custodial sentence, the study of non-custodial sentence in China has just started. This paper focuses on the non-custodial punishment system is discussed in the following aspects: first chapter a general overview of a non-custodial sentence. The basis of the theory of non-custodial sentence comb - and the characteristics and features of the meaning of the definition of non-custodial sentence to be introduced with the theoretical basis of the non-custodial sentence; thus inevitable trend of internationalization of criminal law, judicial civilization an inherent requirement of the reintegration of the offender useful attempt three realistic conditions for the analysis of appropriate expansion of the non-custodial sentence. The second chapter of a critical analysis of the domestic and international situation of non-custodial sentence. First theoretical study abroad application of non-custodial sentence. Followed by a systematic analysis of the history of the non-custodial punishment system. The third chapter discusses our existing non-custodial sentence status quo. Descriptions of the legislation and the status of application of China's non-custodial sentence (ie control, property punishment, qualification penalty). System on the basis of non-execution of the sentence of imprisonment for non-execution of a sentence of imprisonment system. Modern value to criminals from law enforcement philosophy-based, should be based on the offender-based, highlighting the Criminal Code. And the status of implementation of the current non-custodial punishment carried out the analysis. Chapter IV discusses the system of China's non-custodial punishment. First of the legislative system of China's non-custodial sentence. Legislative stage, establish limits on the freedom of torture, including the control, (additional) community service and legislative reform proposals. Property punishment should be to improve the status of fines in the penal system, to upgrade the main criminal, while additional applicable, proposes to extend the scope of application of the criminal fine, the establishment of day fines, fines Ekey, deferred pay system; advocate strict restrictions applicable to confiscation of property, especially the confiscation of general confiscation and with clearly confiscation of property range, the provisions of the implementing agencies and procedures, add the appropriate legal remedies; recommended good deeds assurance system introduced property punishment. On eligibility punishment that should be deleted in the current Penal Code \deadlines. On non-punitive approach, but also put forward a corresponding improvement measures. Secondly, envisaged the construction of the judicial system of non-custodial sentence. At the sentencing phase, should be transformed into the judge's \apply. In the implementation phase, a series of propositions to integrate the resources of the implementation of non-custodial sentence, the establishment of a specialized, integrated system of implementation of non-custodial sentence, to improve the regulatory mechanism, the establishment of volunteer help and education organization, and implementation of computer network management system.

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