减刑程序的困境与出路诉讼法学专业论文.docxVIP

PAGE PAGE 2 examination system. 2 it is lack of litigation structure, suggests erosion jurisdiction. Think that as long as the prison was to commutation achieved commutation legal conditions, then the court will no reason to not be commutation. Three is normalized written trial, trial cut. Court at the trial in court directly according to the executing organ shall submit written recommendation to the production orders, no meaningful trial. Four is the insufficient inmates and the victim participation. As the processing results of commutation inmates who have an interest, and the victim was left out in the commutation process, does not enjoy the corresponding rights program. Five is a severe lack of power, the procuratorial supervision and social supervision blank. Procuratorial organs for commutation supervision such as weak supervision lag, means, supervision effect is difficult to achieve, and the corresponding social supervision is not be implemented. Six is the follow-up procedure is missing - commutation irrevocable. Sentences once made, are irreversible. Even sentence errors or criminal found crimes such as leakage, is correct commutation rule to constitute the influence. The third part is to put forward relevant suggestions to perfect the commutation procedure. To make commutation process play its proper role, it need to be done on the application of the commutation process specification and perfect. First is clear sentence pattern choice, at the moment for the largest is the town government reform to commutation procedure, make commutation cases dealt with by security administration examination and approval of the mode, the alternative view is to litigation reform of commutation procedure, the three parties involved in litigation, the commutation cases dealt with in a court of law, accept the lawsuit against both sides of the litigation, make commutation cases open, absorption of the parties involved. This paper chooses to commutation procedure lawsuit r