Issues On Current Situation And Perfection Of The Public Surveillance

China public surveillance is a punishment method in china criminal law, the perpetrator is not put in prison, but restrained some freedoms, criminal would be rebuilt under public security organ's control and the masses'monitor. According to the execution method of the public surveillance, it is very consistent with the trend of the economical principles and the light and easy principles of the penalty. However, the application of the public surveillance in justice practice is too low, so as that some scholars advocate to abolish it. But, based on the real conditions of our own country, the author thinks it unsuitable to abolish the public surveillance.The article describes the China public surveillance from the perspective of the criminology and the criminal law. It is divided into three aspects. Firstly, it is the general situation of china public surveillance, expatiates the history of china public surveillance about emergency, development and variety. Though the analysis of the definition factors of china public surveillance, the article concludes the primary definition of china public surveillance, china public surveillance is a punishment method in china criminal law, the perpetrator is not put in prison, but restrained some freedom, criminal would be rebuilt under public security organ's control and the masses'monitor. The article also researches on basic characters of china public surveillance: such as restrain freedom, un-put in prison, community cure etc. And the article introduces the china public surveillance's function and value. Secondly, the article introduces the current status of the public surveillance. It analyzes the flaws of the public surveillance from the perpetrators, victims and the community in terms of overall, which includes several performances as following: 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; 4th , the problem exist in execution institution; 5th, the measure about execution are not perfect; 6th , the channel about execution is unobstructed. And it also issues on the necessity of the existence of the public surveillance.Thirdly, it 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 must achieve three aspects: 1st, increases the penalty's dynamics. Many improve from the following two aspects: 1st, forced labor in weekends; 2nd, suitably lengthens the term of the public surveillance; 3nd, establish system of diversion; 4rd, expand applicable scope and clarify the object of application. Refer to the advantages of the foreign community service sanction system, the execution consummation measure of public surveillance is accordant with the pre-article, there are four aspects: 1st, the reallocation of the executive power; 2nd, enrich the execution content, diversify the execution place; 3rd, perfect the execution measures; 4th, strengthen the judicial cooperation, make the execution channel smooth.