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On The Procuratorate Supervision Of Property Punishment Execution

Posted on:2020-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q MeiFull Text:PDF
GTID:2416330575462423Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
For a long time,the national judicial activities in accordance with the law,lax law enforcement,allowing criminals to get away with murder is mainly reflected in the implementation of the property penalty.In view of the "relatively weak implementation and supervision of property punishment in practice",the supreme people's procuratorate has carried out procuratorial supervision of the implementation of property punishment nationwide since 2016.Although the people's procuratorate of M city is not a pilot unit in China,it also proactively carried out an investigation on the implementation of property punishment in the whole city.As can be seen from the situation in M city,the types of crimes sentenced to property punishment in M city mainly include those that endanger public security,disrupt the socialist market order,infringe upon citizens' personal rights,democratic rights,infringe upon property,disrupt the social management order,and crimes committed by officials.In these six types of cases involving property punishment,the violation of property and impinge on the social management order of the crime of property punishment in the largest number of people sentenced to a higher amount of property punishment,the implementation of the supervision of these two types of crime property punishment need to cause widespread concern.Among them,the crime of duty and the crime of destroying the socialist market economic order of the property penalty number is small but the sentenced amount of property penalty is huge,also highlights the social harm of these two types of crime is larger,in the condition of limited procuratorial supervision power,should pay attention to.On the other hand,compared with the implementation rate of special prosecution activities before the implementation rate of property punishment has increased significantly,but the overall implementation rate is still not high,the low implementation rate of property punishment is still a violation of the socialist legal system.As a matter of fact,there are three main problems in the execution and supervision of property punishment in China.On the one hand,it is caused by the court,including too many judgments of property penalty,unclear contents of the court judgment on property penalty,etc.,all bring difficulties to the supervision of the procuratorate.On the other hand,the concept of supervision and law enforcement of procuratorial organs is biased,the supervision method is lack of coercive force,the supervision of execution of property punishment is lack of experience in dealing with,the information of property punishment is not smooth,it is difficult to find out the property status of the person subject to execution,the case number is small and other reasons cause the dilemma of execution of property punishment.Finally,the unclear legal provisions and other institutional factors also hinder the supervision of the procuratorate.This paper is divided into five chapters on the study of the procuratorial supervision of the execution of property penalty,including the introduction,the general theory of procuratorial supervision of the execution of property penalty,the present situation of the execution of property penalty and its supervision,the problems and causes of the procuratorial supervision of the execution of property penalty,and the way to improve the procuratorial supervision of the execution of property penalty.Among them,the introduction mainly introduces the existing literature on the implementation of property penalty supervision research status;The general theory part mainly introduces the legal origin and significance of the procuratorial supervision of the execution of property penalty.The present situation part mainly takes M city as the sample to carry on the investigation to our country property penalty execution and the supervision present situation,then is to the existing question analysis and proposed the solution question train of thought.
Keywords/Search Tags:Property punishment, Execution of property penalty, Procuratorial super vision
PDF Full Text Request
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