The Flaws And Perfection Of Public Surveillance

The tendency of the penalty in the world has become to light punishments and probations. As the performance of the leisurely penalty, the punishment of restraining freedom in the world scope has been widely applied. A kind of restraining freedom punishment has also appeared in our country, it is called public surveillance. The public surveillance is the original creation penalty of restraining freedom punishment in our country, but in two criminal laws'formulation process all exists retention or abolishment viewpoints. In the process of revising the present criminal law, this kind of argument is especially in particular intense. Based on the particular national condition of our country and considering the tendency of the penalty development in the world scope, the public surveillance is not able to be abolished .But there are some flaws existing not only in public surveillance's legislation, but also in it's execution. These flaws influence the public surveillance's function. The author does some research on the public surveillance's flaws and perfection. This article can be divided into three parts.The first part is the general narration of public surveillance .It includes the narrations of legislation and execution. Obtained from the public surveillance legislation evolution, this article has analyzed its evolution characteristics, and outlined its executive institution, the executive routine and the executive measures.The second part is about the flaws of public surveillance, which includes the legislation flaws and execution flaws. There are three performances of the legislation flaws in public surveillance: 1st, punitive is too weak; 2nd, the execution lacks of the compulsory stipulations; 3rd, the application scope is too narrow, the applied object is not clear. There are four performances of execution flaws in public surveillance: 1st, the problems exist in execution institution; 2nd, the contents of the public surveillance are of education and the executive place is unitary; 3rd, the measures about execution are not perfect; 4th, the channel about execution is unobstructed.The third part is about the perfection of the public surveillance. The author correspondingly proposes the measure which can consummate the legislation and execution of public surveillance, including two aspects: the legislation's consummation and the execution's consummation. The legislation's consummation...