Review Of Public Surveillance

As an original punishment invented in China, public surveillance is the fruit of the painstaking labor and wisdom of the jurists of the older generation. It also contains special functions and values. The punishment method of public surveillance as with Chinese characteristics open type, is suitable present from enclose type turns to development, the world punishment of type develops tendency. However, the public surveillance itself is not perfect, and people have a rare understanding of the deviation, in practice it rarely lead to the application, almost abolished. Meanwhile, because of their presence in the legislature and the judiciary are the problems the people are concerned about the low level, it is also very little research.The utilization of this paper is historical method and method of comparison, it uses three chapters, thorough have discussed existent basis and feature, position and the definition of public surveillance , present situation and defect, have put forward tentative idea for the improvement of control punishment.The Chapter One has investigated to public surveillance the establishment that goes to the position of principal penalty from sprout, go to again the development that the current ceremony of criminal law stipulates , change process, this is to study the foundation of public surveillance. The feature of pointing out public surveillance is: It is to restrict free punishment to public surveillance, with restrict the combination of qualification punishment; It is to meet a kind of community to public surveillance; Public surveillance applies to the intentional crime of slight criminal circumstances only. And have analysed public surveillance in punishment system specifically location, point out that the position that public surveillance should maintain it as principal penalty does not change. Finally for a long period controlling the punishment argument of existing and abolishing , the author suggests reservation control punishment to can not abolish , and have elaborated public surveillance still retain public surveillance at present under condition have the following basis: Accord with the tendency of present world punishment development; Accord with the requirement that punishment economy melts; The advantage that has compared with the free punishment of short period.The Chapter Two when having investigated in current criminal law the specific stipulation about public surveillance in with it when practising is suitable for condition specifically, it is that analysis causes public surveillance to be suitable for more few reasons in judicial practice: Try the influence of people for public surveillance to pay attention to the insufficient thought of severe punishment; The very public surveillance built-in defect; The people aroused by market economy flow, the lower of primary-level organizations function, etc. And have investigated specifically to public surveillance in the defect of legislative and judicial aspect.The Chapter Three passes over before as controlling the analysis of punishment present situation and defect, first combine foreign similar legislative example, since being related aspect of punishment system and criminal policy had been made the macroscopic way of thinking of the perfect public surveillance of our country. Afterwards, have elaborated the measure of our country of public surveillance reform specifically: Perfect the legislation for public surveillance, carry out for controlling criminal guarantee fund or guarantor system; Establish and improve public surveillance conducted detailed regulation or implementing rules; Establishing easy department system and guaranteeing reform effect; Guide control criminal attends the labor of public welfare , and strengthens the education for having ideological criminal. Final form a complete set for other measure perfect have made preliminary discussion: Work out unified criminal conducted code , unify to execute limits of authority; Strengthen the supervisor for control execution; Establish the personality investigation system before bringing a verdict, etc.