Summary: | 碩士 === 開南大學 === 人文社會學院公共管理碩士在職專班 === 104 === Research disputed issue of revocation of the parole system
Abstract
Parole policy in criminal law, is a very obscure corner, and revocation of parole, the parole is a little frontier areas, has always been favored by scholars and are not subject to pay attention, not much can reference, it is difficult to find.
But there has been controversy revocation of parole, it has not improved, including the violation of the principle of proportionality, in violation of procedural justice and relief issues, has continued to occur. Note that only the executive revoke parole, but did not pay attention to procedures and remedies - which led to many disputes.
Existing laws do not yet on the revocation of parole integrity policy of amending the law, caused due to drunk driving sentenced to two months in prison, life imprisonment actually withdraw criminal and other residues anomaly. Parole revocation proceedings, does not give the parole people "express opinions" of opportunity, in violation of procedural justice. The second is satisfied revoke parole, dispute its relief pipeline, the pipeline whether mining administrative proceedings or criminal remedies pipeline, remains unclear.
We hope to take this paper can cause more scholars to explore, and thus contribute to revoke parole improvements.
Keywords: probation, revocation of parole, the principle of proportionality, procedural justice, relief pipeline, residual punishment
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