On The Public Surveillance

At present, the tendency of the penalty in the world has became to light punishments and probations. As the performence of the leisurely penalty,the punishment of limiting freedom in the world scope has been widely applied. But public surveillance, as China's punishment of limiting freedom, is not only applied seldom in the judicial practice but also some scholars have proposed to abolish. The author believes that the development of the penalty gently, and social context of the times, the control of other criminal penalty method can not be substituted by a system advantage, has its own value, should not be repealed. However, in terms of legislation to control criminal or in the implementation of all there are some defects in its impact on the performance of the play must be given to improve.In addition to the introduction and conclusion of this article is divided into four most from the control of different aspects of the issue of public surveillance to study.Partâ… : An overview of public surveillance. It includes: First of all, narrate the production,development and changes of China's public surveillance and foreign country's punishment of limiting freedom,so that we would have a right veiw about the original of public surveillance. Second,on existing definition of China's public surveillance outlined in a brief,and put forward the view that a more reasonable definition. Third,I expound the character of public surveillance and make it clear differences and relations with other punishment.Finally,To control the retention or abolition of public surveillance for an overview of our theory of public surveillance to control an initial understanding.Partâ…¡: Theory of public surveillance. This part narrat the basic theory of public surveillance,such as it's functions,values and based on such issues as,demonstrated the existence and development of the public surveillance have a solid theoretical foundation.Partâ…¢: The application of public surveillance. The first we to determine the principle of the application of public surveillance, and then narrat the conditions of application judge and execution of the public surveillance under the guidance of the application of public surveillance,and analyzed it's specific application in the real.Partâ…£: deficiencies and improve of public surveillance. It includes: First of all,from the legislative and executive levels to analyze shortcomings of public surveillance. Second,the response to the deficiencies,combined with similar legislation of foreign patients,from the perspective of both the legislative and executive put forward to improve the public surveillance.