Research On The Issue Of Procuratorial Supervision Over The Change Implementation Of Imprisonment Punishment

Imprisonment punishment is areas of strong state power, as its core component, the change implementation of imprisonment punishment is prone to perform a sensitive area of corruption, money, people relationships and so on, which results in endless stream of reports of cases of illegal change implementation. The apprehensive status expresses the poor need of procuratorial supervision, which should be involved and strengthened. Centering on strengthening the procuratorial supervision over the change implementation of imprisonment punishment, as its practicality is strong, there isn't much academic research on this subject, and mainly the judicial practice departments are leading and exploring the theoretical research. This thesis deals with the basic theory of the procuratorial supervision over the change implementation of imprisonment punishment and the issues in judicial practice as well as the solution, hoping on the perfection of China's procuratorial supervision over the change implementation of imprisonment penalty.This thesis can be divided into four parts:The first part provides an overview. This part first introduces the concept and the function organization of the procuratorial supervision over the change implementation of imprisonment punishment. Then, points out the content of the procuratorial supervision, and inducts its characteristics.The second part deals with the necessity of the procuratorial supervision over change implementation of imprisonment punishment. This section deals with the necessity from four separate aspects from theory to practice. First it's the inherent requirements of the principle of the balance of powers; Second, it's an inevitable requirement for the specialization of execution supervision; Third, it satisfies the demand of maintaining the executive ability of criminal judgment and the executive justice. Four, it's the need of real judicial situation. Through stating the necessity, this section proves the value of procuratorial supervision over change implementation of imprisonment punishment. It lays a foundation of the following content which will discuss the strengthening and perfecting of procuratorial supervision over change implementation of imprisonment punishment.The third part systematically illustrates the specific procedures of the procuratorial supervision over the change implementation of imprisonment punishment according to Chinese present laws and rules concerned, and combined with the present judicature situation analyses the current problems in the prosecutorial supervision over the change implementation of imprisonment punishment, exploring the causes of poor oversight. When elaborating the specific supervision procedures, the author divides it into two parts: One is the procuratorial supervision procedures of commutation and parole; The other is the procuratorial supervision procedures of temporary execution of sentence outside prison, that covers all sectors from submitting to decision making of the entire change implementation of imprisonment punishment. In the analysis of specific problems present in the procuratorial supervision over the change implementation of imprisonment punishment, the author elaborates it in the form of the following three aspects: the lack of systematical procedural provisions; the deficiency of power allocation; the problems existing in the subject of supervision, so as to discuss these issues as comprehensively as possible.The fourth part is the last part of this thesis, and it's the key to answering this topic asked, so it's the core part of this article. According to the preceding text analysis of the problems existing in the procuratorial supervision over the change implementation of imprisonment punishment, the author proposes corresponding improvement measures. First, aiming at the imperfect legal provisions, point out that the procuratorial organ should play a positive role in perfecting the executing legal norms; Second, in light of the deficiency of power allocation in the procedure of change implementation of imprisonment punishment, point out that the decision-making power of change implementation of imprisonment punishment should be given the jurisdiction attribute by court unified exercise. On this basis, the author gives two suggestions to perfecting the trial mechanism: one is to establish the specialized courtroom, the other is to define the trial way of public hearings; Third, concerning the lag of procuratorial supervision, point out that the conception of procuratorial synchronization supervision mechanism should be established; Next, as to the ineffective procuratorial supervision, point out the ways that will perfect the system of illegality correction and procuratorial recommendations; Last, with regard to the shortage of procuratorial supervision for jails, point out the suggestions to perfect the subjects of supervision.