论减刑程序检察监督的完善
发布时间：2018-08-01 10:17
【摘要】：我国减刑程序应用广泛,而现行法律法规对减刑程序的规定已经明显不足以应对实务中出现的问题以及减刑程序本身正当性的需求。解决减刑程序中出现的问题除了对其进行根本制度性规则的重建之外,完善对减刑程序的检察监督也是不能被忽视的一条有效途径。并且笔者认为完善检察机关对减刑程序的监督更有现实意义,即在现有体制下以较小的权力变动换取较大的制度价值以及社会价值。另外较小的权力变动也意味着可执行性、可操作性的提高,制度的预期效果会更加易于实现,解决方案也就更具有现实基础。基于这种认识,本文选取了减刑程序检察监督这一个相对较小的视角,对其完善进行了讨论。 本文第一部分主要界定了与减刑程序检察监督相关的基础概念以及完善减刑程序检察监督的重要意义。此部分论述主要解释了减刑、减刑程序、减刑的性质、减刑程序的适用范围和检察监督等概念,阐述了笔者对该领域概念的认识;以及减刑程序检察监督的完善对杜绝权力滥用、实现正当程序和保障被监禁人权利等方面的意义。本文第二部分重点分析了我国减刑程序检察监督的现状,首先罗列了我国减刑程序检察监督方面主要的法律规定,并阐述了现有法定检察监督途径的失效;其次以数据显示了减刑程序在我国广泛运用的司法实践以及完善减刑程序检察监督的必要性;最后以现实途径失效为出发点,抽象出造成这种失效的检察监督体制的宏观缺陷,即减刑程序检察监督标准的模糊性及检察监督权力设置的不平衡性。第三部分提出了完善我国减刑程序检察监督的具体途径,具体为检察机关对法院减刑案件审理方式的检察监督以及对减刑裁定救济的检察监督;检察机关对监管机关申报减刑材料以及不申报减刑的检察监督。此外,因为单纯依靠我国现行的减刑制度无法提出有效的程序性保障手段,所以第三部分还会涉及对减刑制度必要实体制度的构建。经过以上论述希望能够解决我国减刑程序检察监督中存在的问题,并通过强化检察机关检察监督的职能构建更加正当合理的监督机制以深化减刑制度对被监禁人改造以及社会秩序等方面的良好效能。
[Abstract]:The commutation procedure is widely used in our country, but the provisions of current laws and regulations on commutation procedure are obviously insufficient to deal with the problems in practice and the demand of the legitimacy of commutation procedure itself. In addition to the reconstruction of fundamental institutional rules, it is also an effective way to improve the procuratorial supervision of commutation procedure. And the author thinks that it is more practical to perfect the supervision of the procuratorial organ to the commutation procedure, that is, under the existing system, the smaller power change can be exchanged for the larger system value and the social value. In addition, the small power change also means that the executability and maneuverability will be improved, the expected effect of the system will be more easily realized, and the solution will have a more realistic foundation. Based on this understanding, this paper selects a relatively small perspective of procuratorial supervision of commutation procedure and discusses its perfection. The first part of this paper mainly defines the basic concepts related to the procuratorial supervision of commutation procedure and the significance of perfecting the procuratorial supervision of commutation procedure. This part mainly explains the concepts of commutation, commutation procedure, the nature of commutation, the scope of application of commutation procedure and procuratorial supervision, and expounds the author's understanding of the concept in this field. And the improvement of procuratorial supervision of commutation procedure is significant to prevent abuse of power, realize due process and protect the rights of imprisoned persons. The second part of this paper focuses on the analysis of the current situation of procuratorial supervision of commutation procedure in China. Firstly, it lists the main legal provisions of procuratorial supervision of commutation procedure in China, and expounds the invalidation of the existing statutory ways of procuratorial supervision. Secondly, it shows the judicial practice of commutation procedure widely used in our country and the necessity of perfecting the procuratorial supervision of commutation procedure. Finally, it abstracts the macroscopic defects of the procuratorial supervision system that caused this invalidation by taking the failure of practical approach as the starting point. The fuzziness of procuratorial supervision standard of commutation procedure and the imbalance of procuratorial supervision power. The third part puts forward the specific ways to improve the procuratorial supervision of the commutation procedure in China, specifically for the procuratorial supervision of the trial mode of the court commutation cases and the procuratorial supervision of the relief of the commutation ruling. The procuratorial organ shall supervise the supervision over the declaration of commutation materials and the non-reporting of commutation of sentence. In addition, the third part will also involve the construction of the necessary substantive system of commutation system because it is impossible to put forward effective procedural safeguard means by relying solely on the current commutation system of our country. After the above discussion, I hope to solve the problems existing in the procuratorial supervision of the commutation procedure in our country. And through strengthening the function of procuratorial supervision of procuratorial organs to build a more legitimate and reasonable supervision mechanism to deepen the commutation system of prisoners reform and social order and other aspects of good efficiency.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.34;D925.2
本文编号：2157252
[Abstract]:The commutation procedure is widely used in our country, but the provisions of current laws and regulations on commutation procedure are obviously insufficient to deal with the problems in practice and the demand of the legitimacy of commutation procedure itself. In addition to the reconstruction of fundamental institutional rules, it is also an effective way to improve the procuratorial supervision of commutation procedure. And the author thinks that it is more practical to perfect the supervision of the procuratorial organ to the commutation procedure, that is, under the existing system, the smaller power change can be exchanged for the larger system value and the social value. In addition, the small power change also means that the executability and maneuverability will be improved, the expected effect of the system will be more easily realized, and the solution will have a more realistic foundation. Based on this understanding, this paper selects a relatively small perspective of procuratorial supervision of commutation procedure and discusses its perfection. The first part of this paper mainly defines the basic concepts related to the procuratorial supervision of commutation procedure and the significance of perfecting the procuratorial supervision of commutation procedure. This part mainly explains the concepts of commutation, commutation procedure, the nature of commutation, the scope of application of commutation procedure and procuratorial supervision, and expounds the author's understanding of the concept in this field. And the improvement of procuratorial supervision of commutation procedure is significant to prevent abuse of power, realize due process and protect the rights of imprisoned persons. The second part of this paper focuses on the analysis of the current situation of procuratorial supervision of commutation procedure in China. Firstly, it lists the main legal provisions of procuratorial supervision of commutation procedure in China, and expounds the invalidation of the existing statutory ways of procuratorial supervision. Secondly, it shows the judicial practice of commutation procedure widely used in our country and the necessity of perfecting the procuratorial supervision of commutation procedure. Finally, it abstracts the macroscopic defects of the procuratorial supervision system that caused this invalidation by taking the failure of practical approach as the starting point. The fuzziness of procuratorial supervision standard of commutation procedure and the imbalance of procuratorial supervision power. The third part puts forward the specific ways to improve the procuratorial supervision of the commutation procedure in China, specifically for the procuratorial supervision of the trial mode of the court commutation cases and the procuratorial supervision of the relief of the commutation ruling. The procuratorial organ shall supervise the supervision over the declaration of commutation materials and the non-reporting of commutation of sentence. In addition, the third part will also involve the construction of the necessary substantive system of commutation system because it is impossible to put forward effective procedural safeguard means by relying solely on the current commutation system of our country. After the above discussion, I hope to solve the problems existing in the procuratorial supervision of the commutation procedure in our country. And through strengthening the function of procuratorial supervision of procuratorial organs to build a more legitimate and reasonable supervision mechanism to deepen the commutation system of prisoners reform and social order and other aspects of good efficiency.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.34;D925.2
【参考文献】
相关硕士学位论文 前2条
1 程绍燕;减刑程序研究[D];中国政法大学;2008年
2 彭海滨;我国减刑制度的反思与重塑[D];山东大学;2009年
，本文编号：2157252
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