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Execution Aging Research

Posted on:2007-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q GaoFull Text:PDF
GTID:2206360185471819Subject:Chinese criminal law theory and practice
Abstract/Summary:PDF Full Text Request
Executive limitation is an essential system of criminal law and one of important ways of annihilation of punishment, too. So criminal law of most countries adopted the system. The current criminal law of China does not establish the executive limitation. Because of its being neglected, the studying of theory of executive limitation was desalinated. On the basis of the appearance of such things, the dissertation explores executive limitation with my superficial knowledge. The dissertation begins with the concept of executive limitation which discovers the nature of executive limitation, and it is disappearance of power of executive limitation. After legitimate executive limitation, the preceded punishment for guilty person was no executed longer because the country does not hold the power of execution. The theory of executive limitation is about annihilation of evidence etc. , and the foundation of justification of executive limitation is the justice of punishment and according with aims of punishment. For the executive limitation has its active function and passive function, we should make the best use of the active function, and it is worth of building executive limitation in our country. The scope of application of executive limitation was solved in the legislation. Abroad there are several kinds of legislations about the scope of application of executive limitation, and the author agreed to exclusive standard of classification of crime. Every country may limit the scope of application of execution limitation according as its history...
Keywords/Search Tags:executive limitation, foundation of justice of executive limitation, suspension of executive limitation, discontinuation of executive limitation
PDF Full Text Request
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