Part Of Prison Penalty Execution Law Enforcement Present Situation And The Consummation Countermeasure

The prison is the penalty executive organs of a nation, bear the punishment and reform of criminals, preventing and reducing crime, maintain social stability, promote the important duty of social harmony. The our country penal execution is by restricting the criminal body freedom of action as the means, through education, labor reform, and coupled with a certain property punishment, wrong ideas to reform criminals, to change its view of the world, after the execution of the relevant penalties in the jail, the process which adapts to and integrate into society. In 2008 our country in the implementation of the national implementation of the prison system reform and the new criminal procedure law in 2012 March, to 1994 December promulgation of the "Prison Law" some of the provisions have not adapt to the current requirements of the real society, caused some constraints to the current prison punishment execution, at present the law not only exist the problems of conflict of laws and other laws, but also the specific provisions on the substance of the many problems, very little work on the legislation of the correlation of the execution of punishment, the penalty executive organ and the legislature lacks the effective communication channels, the provinces, city, autonomous region of penalty execution organs act of one’s own free will, in accordance with their own understanding of the execution of the detailed rules for the implementation of the prison law, prison law has not announced the implementation of penalty execution, so that there is no uniform standard, to the current penalty execution caused a lot of trouble. This paper believes that in order to perfect our penalty execution status shall begin from the following aspects:one is to improve the unity and the execution of Punishment Rights of the judicial status; two is to detail specification for prison, detoxification, community correction of police rights and obligations; three is to improve the penalty execution of related legal. This article through carries on the investigation to the present our country part of penalty execution of prison law enforcement status of the relevant legislation in our country at present, the comparison of execution of punishment, and find out the related problems, and analyze the causes, development of legislation of penalty execution path searching, finding verification approach to improve legislation. The author will present some prison law enforcement situation should classify and investigation, from the survey results, we must look at the legislation current situation and legislative between our current penalty execution gaps, the need to take urgent need to modify and perfect, "Prison Law" and other relevant legislation work earnestly, to some difficulties in the process of change of prison penalty execution let the execution of punishment, the law, the law enforcement work means to regulate the execution of penalty. This article from the penalty executive power main body angle, from the prison police’s execution of penalty execution power, criminal power boundary and compared some current penal legislation and judicial practice in order to find out the gap, penalty execution of prison dilemma of some law enforcement practice, analyzes the reason, the implementation of the main, from the penalty of prison police’s power, punishment refinement implementation of the legislation and practice of the adaptation of three dimensions to modify some suggestions to perfect the prison law. This paper also recommend a "prison, drug administration, community correction organ of the people’s police law". One chapter of the provisions of the people’s police powers, with a chapter shall be stipulated by the people’s police duties and not some behavior, with a chapter shall guarantee the people’s police police. From the perspective of criminal law legislation, recommended the introduction of unified "execution of punishment law", the rights and obligations of security to define the range of criminal penalty execution examination, creating negative points infliction clause revised provisions related to the creation of commutation, commutation revocation legal clause design idea, improve the supervision of the relevant legal provisions of penalty execution.