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Problems And Improvement Of Execution Of Property Penalty In

Posted on:2019-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:J J QiuFull Text:PDF
GTID:2346330542486136Subject:Law
Abstract/Summary:PDF Full Text Request
In March 2016,comrade Zhou Qiang,president of the supreme people's court of China,solemnly proposed,in his report on the work of the four meetings of the national people's congress of China,that " the implementation of the difficult problem in two or three years should be basically solved ".This solemn commitment has aroused widespread concern.The execution of property penalty is one of the situations that perplex the people's court of our country at all levels.Property punishment is mainly to deprive criminals of the content of the content of the penalty method.He and short-term freedom penalty,short-term freedom penalty can not allow criminals to be thoroughly reformed,the law deterrent is not strong,and it is easy to let criminals catch other bad habits,cross infection,and again crime and so on.Property penalty is not the abuse of short-term freedom penalty,can also save the cost of national regulation,criminals are more willing to accept.The execution of property penalty is the execution of the property penalty that has entered into force by the people's court;In the theory of criminal law and civil law,there exists intercross each other;Criminal procedure law and civil law are needed to complete the execution procedure of property punishment.Although the current criminal law of our country provides more property punishment,the judicial criminal judgment also applies the property penalty,but the property penalty execution in the legislative aspects of the laws and regulations is relatively small,and relatively single;He needs to use the civil enforcement procedures to complete the execution of all property penalty procedures operational issues.In the judicial practice,the execution of property penalty has not been paid attention to,resulting in the execution of property punishment is facing enormous difficulties,the implementation of difficult situation makes the judgment become a dead letter,the implementation of difficult problems long plagued the people's court.The problem of execution of property punishment is not appeared in thin air.he is affected by various obstacles in practice,which makes the criminal punishment function of property criminal and affects the authority of criminal law.He showed the problems whether in the property punishment before,property punishment trial,or in the execution of property punishment.The execution of property penalty is not only a matter of the people's court,but the different measures taken by the various organs of the public,procuratorate and law also affect the execution of property punishment.The problem of the enforcement of property penalty is very extensive in ourcountry,the people's court faces great pressure on the execution of property punishment,and it is urgent to improve the execution system of property punishment.Improvement of property penalty enforcement system can pay attention to property penalty from the legislation,can be from the investigation stage,the prosecution stage to take appropriate measures to protect the enforcement of property penalty,can also strengthen the enforcement measures,enforcement,can let the people's procuratorate play a role in the execution of property punishment supervision function,and supervise the implementation of property punishment.At this point,the property penalty execution system is improved,can play the role of property penalty execution,play the property penalty function,also solve the problem of the execution of property penalty in our country.
Keywords/Search Tags:Property punishment, Perform, Fine punishment, Confiscation of roperty punishment
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