Criminal Policy Analysis Of Serving Sentences Outside Prison Temporarily

Criminal serving sentences outside prison is one kind of system executing penalty, it means that changing the executing place or the way who are legally sentenced by the people's court, as a result of having some kind of special situation which the law stipulated. It has a distinction of broad sense and narrow sense . Speak from the broad sense,it should includes serving sentences outside prison temporarily,surveillance, probation,parole and deprivation of political rights etc.Says from the narrow sense,it only refers serving sentences outside prison temporarily.It is one kind of accommodating mode of the free punishment execution system,what to point is criminal sentenced imprisonment or iImprisonment for a specific term and originally should serve sentence in the jail, who is not suitable serving penalty under the imprisonment condition dueing to some kind of special situations, therefore serving penalty outside the jail temporarily. As an important systerm executing penalty in our country, it also is one mode of socialization of execution sentence (community correction), and an important system manifests the penalty humanitarianism.According to the law articles at present, there exists three power structure to decide serving sentences outside prison temporarily :the people's court, jial management organization and public security department(custody center).This article mainly analyse it from the jail management angle of view.Looked from the world development history of criminal penalty,the application of punishment developed towards leisurely,roughly has experienced three development phases:Corporal punishment and Life penalty predominate, custodial penalty is generally suitable primarily (free punishment),custodial penalty coexists with the non-custodial penalty and non-custodial penalty is primarily. As substitute methods of penalty execution,non-custodial penalty and non-custodial measures are widely used in western coun. As a result of heavy penalty principle tradition in our country, the fundamental legal science research related jail receives little attention,therefore research and exploration does not insufficiently on the system of executing punishment. From on objective says, custodial penalties are used to be quite common in the criminal judicature practice, the non-custodial penalty receives serious restriction, the socialization degree of china's penalty execution just to be at the initial stage,the experiment of the community correction only developed several years, there exists obstacle of the theoretical , law and practical to expands the non-custodial penalty. Judging from judicature practices of our country ,the system of serving sentences outside prison temporarily still have many place worth consummating and excavating, it's superiority does not bring into play by far.This article attempts to comb the development course of serving sentences outside prison temporarily carefully, analyse its theoretical foundation and the criminal policy significance,combing practice which the jial management organization of certain Province,analyzing questions currently,then proposes several shallow suggestions and thinks on how to reform and consummate the systerm of serving sentences outside prison temporarily.