On The Executive Problem Of Short-term Penalty Of Depriving Freedom

The execution of short-term penalty of depriving freedom is a concept classified out from carrying out penalty. There is not a final conclusion as to how to confirm "a short time" of short-term penalty of depriving freedom in the whole world now, I advocate, short-term penalty of depriving freedom should be fixed-term imprisonment under one year of prison term and detention punishment. Seeing that the fixed-term imprisonment under one year of prison term is carried out by the detention houses in accordance with the law, the punishment of detention is all carried out by detention houses because of cancellation of the houses for detention (the Ministry of Public Security released " the notice on doing the work of canceling all houses for detention well" in December of 2005), the execution of short-term penalty of depriving freedom is finished by detention houses in fact. In the past, few people carried on systematic research on the executive problem of short-term penalty of depriving freedom, especially the system of penalty's replacement execution by the detention houses, the execution theory of short-term penalty of depriving freedom is almost the virgin land not opened up yet, therefore this facilitate author to study the problem as the selected direction of the thesis.In the basic theories of carrying out short-term penalty of depriving freedom, I have explained the concept, characteristics and principles of the execution of short-term penalty of depriving freedom especially. I think the execution of short-term penalty of depriving freedom is a penalty form of taking Imprison in a short time as a characteristic, punishment and education as the main purpose. Except the essential feature existing in carrying out general penalty of depriving freedom, it has also some other unique characteristics. These characteristics mainly embody shorter execution time, being carried out by the detention houses, being carried out nearby as much as possible. We should adhere to three principles, i.e.: the principles of combining punishment and the education, transformation, unifying economy and purpose, implementing in accordance with the law, supervising strictly, scientifically, civiledly.In order to announce the problems with regularity, universality in carrying out short-term penalty of depriving freedom, I investigated current situation and defects of carrying out short-term penalty of depriving freedom. Firstly, I investigated current legislation situation of it. Secondly, I investigated legislation defects of it. Thirdly, I investigated problems existing in execution practice. I think a lot of sharp contradictions have existed in the execution of our country's short-term penalty of depriving freedom, some problems are very outstanding. The reasons of these problems are mainly that thought and knowledge are incomplete, study on it does not deepen, and the reservation goal is not long-term, mechanism of carrying out sentences is not flexible.With extensive application of short-term penalty of depriving freedom, its execution is paid close attention to by people day by day and demonstrates the trend of benign development. In the modern western countries, the execution of short-term penalty of depriving freedom demonstrates the trends of four respects, i.e.: trend of ruling by law; scientific trend; humanity trend; socialized trend.At present, the countries all over the world introduce the reform action to problems in carrying out short-term penalty of depriving freedom while utilizing it. The outlet of the system of carrying out short-term penalty of depriving freedom in our country lies in the reform too. Practice of the domestic judicial reform and the outstanding system achievements of other national judicial fields have offered the experience used for reference for our country's reform of the system. On the macroscopical control of the reform, I think we should put special emphasis on main content, implement step by step, move forward wholly; Incorporate things of diverse natures, introduce endogenously from other localities or foreign countries ; Appropriate control; make a reservation rationally. On the concrete measures of the reform, we should improve legislation of carrying out short-term penalty of depriving freedom, make the execution system in order, strengthen the input to execution, explore and innovate transformation means of the criminal of short-term penalty of depriving freedom, advance the opening of carrying out short-term penalty of depriving freedom, control application of short-term penalty of depriving freedom, explore the substituting measures for imprisonment in a short time actively.