On The Criminal Legal System Of Assessment Of Towards

Offenders Assessment System refers to the sum of the detailed check-up system that the prison system and police in accordance with the law to regulate criminals' demeanor of reality such as work, study, life and entertainment. The offenders' assessment power which has the system as content has the character of jurisdiction. The statutory of the assessment system has a necessity, feasibility and urgency, it is required that the rule by law of the country and the prison affairs, what's more, it is also the consequence of the trend of the worldwide unification of Punishment Execution System. The non-statutory of the current Offenders Assessment System is the crux of the significant deficiencies and a lack of interoperability of the" Prison Law" which should be the breakthrough and core while the amending of the current "Prison Law" . The author analyzes it in the following 7 sections.Section1: Introduction. This part mainly introduce the background of institutional reform of prison and the significance of researching, which is to say that it is the crux of the lack of the current " Prison Law" , and it should be the breakthrough and core while amending of the current " Prison Law" . But its present situation reminds void. In view of the complexity, the author analyze it by interdisciplinary,multilevel and visual angled ways.Section2: The comparison of Offenders Assessment system. Firstly, fix its conception. The narrow sense of the Offenders Assessment System refers to the "Offenders Record Assessment Rules", it is the detailed check-up system that the prison system and police in accordance with the law to regulate criminals' demeanor of reality such as ideological remolding work, study, life and entertainment in the form of record quantization. The broad sense of Offenders Assessment System refers to the sum of systems which formed by the results of the motion of commute, the proposition of parole, the proposition of criminal procedure, the decision of administrative punishment an reward, the decision of classifying punish. It divide in affirmative Offenders Assessment System (contains positive accumulate points→administrative penalty→le proposition of commute or parole) and negative Offenders Assessment System (contains negative accumulate points→administrative punish→criminal procedure). It embodied these programmed rules, such as the right and duty of the subject,the substance of record assessment,the affirmation of assessment,the decision of classifying punish,the administrative punishment or reward, and the motion of commute,parole or criminal procedure. The intervening process of the commission for inspecting discipline and the procurator ate (the rule about when and how to intervene), the connect between the result of negative assessment in prison (include criminal investigation) and the process of criminal procedure, and even the connect between the court decision and the prison assessment (the content of reducing penalty and releasing on parole an the matching rules) are the denotations. The Offenders Assessment System in this text refers to its broad sense. Secondly, preliminary analyze that Offenders Assessment system belongs to the law by comparing the quality and the origin of Offenders Assessment system in our internal and foreign countries. Thirdly, reveal advantages and disadvantages of different Offenders Assessment systems and their developing ways by studying and comparing the evolution of Offenders Assessment system in our internal and foreign countries.Section3: The characterization of the crime assessment. This section mainly explained the legal basis and efficiency of the crime assessment, the discussion about the entity and character of the crime assessment, and the definition of the character ofjurisdiction of the crime assessment through the criticism of the two viewpoints--judicaturisme of the assessment and the total rejection of the efficiency of the assessment.Section4: The certainty to statutorize the Offenders Assessment System. Statutorizing the Offenders Assessment System is the certain result of the trend of unifying this kind of systems all over the world. It is not only the requirement of the character of jurisdiction, and also the outcome of the development of the penalty system, and even the requirement of institutionalizing in prison, especially the requirement of putting the implementation into practice. It is proved mainly the following aspects, which include "the requirement of unifying the law","the requirement of judicial decision","the requirement of supervising" and "the requirement of putting the penalty into practice".Section5: The feasibility of legalizing the Offenders Assessment System. it demonstrates this in angles of internal and external mainly through solid theoretical foundation and abundant practical system foundation. That is to say, on matter on the aspect of the penalty theory or the reference of laws and systems or even the legislation content and technique,practice and experience of law enforcement, things are all well provided, the legislation has the feasibility of realize.Section6: The forecast of statutorizing of the Offenders Assessment System. It forecasts and structures the Offenders Assessment System mainly by criticizing the fabrication of law in prisons, analyzing the suitable of the current Offenders Assessment System in actual ways and analyzing the approaching Offenders Assessment System in guiding ways.The last section is the summary of the full text. The author also gives his own suggestion If the legislation.