The Actualities Of The Procuratorial Supervision On The Change Of Execution Of Imprisonment And The Improvement Measures

The alternative execution of Imprisonment is an activity which changes the classification of the penalty and the manner of the execution to the criminal who has been sentenced to imprisonment. The alternative execution of Imprisonment must be executed strictly, obeying the terms and procedures of legal provisions. As a part of the execution of penalty, the justice of alternant execution of Imprisonment directly influences whether the value of criminal action could be achieved in the end.During the practices at the present stage, there are many shortcomings of the alternative execution of Imprisonment, which results in breaking a law during the implementation, and even corruption.The causes of those shortcomings are not only the issues of the legislation itself, but also the issues of implementation by the of alternative execution of Imprisonment. Based on the legislation, since penal legislation has principles on the regulations of fitted conditions and fitted procedures for the commutation, parole, and temporary execution out of prison, it brings more discretionary power to the corpus of alternative execution of imprisonment. Based on the concrete execution activities of the corpus, the penal institution influences on the justice of the alternative execution of Imprisonment are from the following aspects: the examination of commutation and parole; fitted conditions of temporary execution out of prison; the shortcomings of the structural establishment and the ways of hearing when the judicial institution holds a trial of alternative execution of Imprisonment.In order to achieve balance, the execution of powers need to be mutual restrained; this article stands on the view of procuratorial supervision, and gives suggestion about how to improve the power of procuratorial supervision on the alternative execution of Imprisonment, which is improving the power of procuratorial supervision to condition the power of imprisonment execution, and through the mutual restrained powers to achieve defending the justice of imprisonment, correcting the discrepancy of execution, preventing corruption, and safeguarding the interests of people serving sentences. Summarize the points of juridical practice and theory horizon, the procuratorial supervision on the alternative execution of Imprisonment mainly consists of afterwards supervision model, synchronized supervision model, action supervision model and so on. Afterwards supervision model is adopted by the procuratorial organs. Long-term practices prove that the opportunities behind and passive of the ways restrain the effects of the procuratorial supervision. As a very important part of reform of the Central Judicial System, every level of the procuratorial organs is exploring the synchronized procuratorial supervision on the alternative execution of Imprisonment.As an important part of the alternative execution of penalty, the procuratorial supervision on the alternative execution of Imprisonment is still at the exploring stage, therefore there are many kinds of problems in practices. This article compares all kinds of the procuratorial supervision models, concludes practices of the synchronized procuratorial supervision in many places, take the advantages of action supervision model, and gives the suggestions about building synchronized procuratorial supervision at each stages of the procedures of beforehand supervision, submitting, ruling, and afterwards supervision.In order to further implement synchronized procuratorial supervision, this article suggests to gives the powers of comprehensive investigation, synchronized supervision, and counterappeal to the procuratorial organs by the legislation; to improve the related working systems and methods, enhance the pragmaticality of procuratorial supervision; to strengthen institution building and team building; to ensure the effects of the procuratorial supervision in many ways.