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The Legal Supervision System Of Prison Sentences Of Our Country

Posted on:2011-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2166330338478230Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"Power tends to corrupt, absolute power corrupts absolutely", this is a permanent of truth. It is very necessary that we supervise the power . As a supervisory authority, the prison sentence for the implementation of inspection and supervision on the balance of power theory is the best interpretation. Investigated for criminal liability as a prison execution is an important link in the criminal activity, plays a decisive role. Our supervision of prosecutors as special prosecutors, the criminal activities of all the judiciary needs to fulfill its oversight responsibilities. Prison's execution of its oversight activities also granted the list. Then, Chinese inspection and supervision of execution the prison system for various reasons, there are many problems, including those from the implementation of the sentence - the prison itself to the prosecution's own institutional arrangements and so there are some bad points, there are many disadvantages to the socialist rule of law brought many negative effects.This paper aims to prison execution on our inspection and supervision system from theory to practice systematically combing through the longitudinal analysis, from a historical perspective on chinese prison system of inspection and supervision of execution, but also through the horizontal comparison, learning from foreign prisons Attorney supervising the execution of advanced experience. Execution in chinese prisons to inspection and supervision system to provide a system of planning, put forward their own ideas.The first part of the prison system, content inspection and supervision of execution, meaning, nature and function to do a comprehensive analysis, inspection and supervision by the prison execution system for exploring basic theory to the system can have a preliminary understanding, so as to the following pave the way intensive study.The second part is to take a vertical perspective, using a historical research methods, analysis of ancient China through the prison inspection and supervision in the history of execution, inspection and supervision of execution on our prison system and the historical character of the existing prisons in China Attorney execution monitoring system in place to judge the historical impact, look forward to learn from, to find out the ingredients to be a reasonable inheritance and development.The third part is more horizontal in the main countries of today's two legal systems (including: civil law in Germany and France; common law of the United Kingdom, United States) in the Execution of inspection and supervision practices and related aspects of the law specification, through the experience to understand the practice of these key countries, also through the analysis of the real, to find out inspection and supervision system, our prison execution problems, to find out the advantages and abroad for our use.In conclusion, the fourth part of the analysis of the previous section, the system of execution of the inspection and supervision of China's prison system, planning, inspection and supervision of execution of the prison system, unreasonable put forward their own ideas, looking forward to make the prison inspection and supervision of execution better sound system, so the system can better serve our country's overall economic and social development.
Keywords/Search Tags:the balance of powers, prison execution, inspection and supervision, purpose of punishment
PDF Full Text Request
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