The Study On Several Questions Of Public Surveillance

Firstly, this article describes in detail the history of public surveillance about emergence, development and variety. At the beginning of our country's establishment, public surveillance had dual nature of administration and punishment, and were mainly applied to control counterrevolutionaries. After 1956, public surveillance was established as one method of punishment, and expanded application scope into normal criminals (such as larcener, defrauder and rogue). The promulgation of "Criminal Law" in 1979 further developed public surveillance. In addition, amendment version to "Criminal Law" in 1997 still kept public surveillance as the first one of five principal punishments, and also revised it based on actuality of social reform. Upon the analysis of history evolution, the development of public surveillance's history represents as follows: (1) the development of public surveillance is always following the evolution of punishment; (2) the content of public surveillance does not make an obvious change by trend of the times; (3) applicable objects for public surveillance are continuously expanded; (4) public surveillance strengthens light punishments and probations, and weakens the flexibility. Through the analysis of the definition factors of public surveillance, this article concludes the primary definition of public surveillance, and also researches on basic characters of public surveillance: (1) criminals shall not be put in prison, and shall not be deprived of his/her personal liberty by imprisonment; (2) criminals shall be put into opening social environment, and be restricted his/her rights to freedom of the person; (3) public system of society and the public shall positively join into the supervision and reformatory for the criminal under public surveillance.Secondly, upon demonstration analysis of public surveillance's practice, the problems existing in the practice of public surveillance are: (1) enforcement authorities do not attach much weight to public surveillance and surveillance outside prison; (2) supervision system is not carried out; (3) disconnection in all organizations of criminal justice system is quite serious; (4) the supervision system is weak.Finally, after contesting public surveillance whether or not shall exist and analyzing defects of public surveillance, this article raises its own opinion on thereform of public surveillance: since public surveillance is an optional punishment of restraining freedom, it shall be not only revoked, but also reformed and perfected. (l)The application scope of public surveillance shall be expanded. (2)The content of public surveillance shall be perfected, and penalty nature of public surveillance shall be increased.(3)The basic system of public surveillance as follows shall be established: (a)the system for punishment's change;(b)enforcement system of public surveillance: (i) criminal shall be sentenced different public surveillance in different places, based on his/her own situation; (ii) special enforcement organization undertaking the responsibility for public surveillance's enforcement shall be established; (iii) judicial personnel, professional and social volunteer established shall cooperate and control each other. (c)Perfecting judicial assistance in criminal cases.