Study On The Supervision Of Penalty Execution In China

As an important legal system of Criminal Law,supervision of penalty execution is also main authority of legal supervision of the People's Procuratorate. Along with the development of legal construction and the advancement of political civilization, supervision of penalty execution, which is unceasingly innovating and developing, played a vital role for the People's Procuratorate to fulfill legal supervision responsibility. Through the exploration of supervision of penalty execution in Continental law system,Anglo-american law system,etc.,As for subject , content and ways of supervision is concerned, we also should pay attention to the deficiencies of legislation, imperfect of mechanism ,inefficient of execution, which lead to the imperfect supervision of penalty execution. The defects of supervision of penalty execution mainly include the following aspects:(1)conception of supervision of penalty execution can not keep up with the need of rule of law; (2) China's legislation pay more attention to investigation, prosecution and trial procedure, however little attention is paid to supervision of penalty execution,mode and methods of Supervision of the People's Procuratorate is weakness;(3)the People's Procuratorate lack mechanism and channel to get a well-known of penalty execution , a serious asymmetric information is existed;(4)as for supervision of death penalty is concerned ,"spot monitoring"of Prosecutor is not accurate enough;(5)absence of legal supervision on non-custodial sentence;(6)legal supervision of the penalty execution is not given adequate attention. Therefore, in accordance with the general requirements of Judicial System Reform, we should consolidate legal supervision, improve supervision of penalty execution and promote its reformation. Sound supervision of penalty execution system should compliance with the three basic value of freedom, order and justice,to achieve balance between fair and efficiency of implementation, and assure the implementation of prison policy of combining punishment with reform and combining education with labor ,which is aim to achieving transformation of human,ensuring fulfillment of penalty execution and safeguarding the human rights of the detained person. There is several ways to improve effect of legal supervision of penalty execution: clearly defining the scope and duty; clearly endowing the People's Procuratorate with supporting measures; strengthening legislation and judicial explanation on supervision of death penalty execution; strengthening supervision of execution of non-custodial sentence; improving the procedures for appeal of detained person; changing accredited institutions system to inspection tours system.