On Improvement Of Public Surveillance

It is creative for China to establish the Public Surveillance as one of the principal punishments in criminal law. This non-custodial sentence caters well for the open and social trend of time and the developmental direction of punishments. Many countries, seeking for the ways of punishments which make criminals punished in favor of their successfully returning to society, increasingly pay attention to the study of punishment of Restricting Freedom and widely use these penalty methods in judicial practice. However, in our country , public surveillance, as the only principal punishments of restricting freedom, is not only used rarely in judicial practice but even many scholars have proposed to abolish. The author believes that Public Surveillance has special values which other punishment ways can not cover. So we should not lightly abolish.However, objectively, there are some defects in Public Surveillance, apart from the lack of a sound implementation .In terms of content and application of justice, the author maintains the biggest problems for Public Surveillance are as follows. From the legislation ,there is no clearance between content of penalty and disciplinary restrictions; Contents of penalty are not enough; Applicable conditions are not clear; Computing systems of Sentence is not enough scientific. The result is the lack both of a complete monitoring system for discipline and of emotional penalties. From the point of view of judicial application, on the one hand there is no specific pre-trial investigation system, and on the other hand when judges may not only be under pressure of the outside world but also fettered by their own idea of heavy penalty, they usually give up the application of Public SurveillanceTherefore, it is necessary for Public Surveillance to obtain the ability of the re-growth, to fully absorb the nutrients, to adjust timely its contents of setting-up, to build a scientific and reasonable system of Public Surveillance, to enrich the contents of its own penalty, to further expand the scope of application, to change the conservative penalty concepts of the judiciary members, to improve the measures of implementation in order to exert the penalty functions as much as possible. This article is totally divided into four parts, about 31,000 words, studying the improvement of Public Surveillance from different aspects.The first part includes the definition, characters, evolution and legal systems and the condition of judicial application .A brief analysis of the reasons for the low rate of application is to do a good job for the perfect punishment. Any kind of penalty has experienced a generation, development, change and improvement of punishments, and public surveillance is no exception. There is a qualitative difference for Public Surveillance now and the past. It can be traced back to the period of democratic revolution, applying to "those who can not be sentenced, but the period must be deprived of some or all of political rights of the criminals". As a result of improvement based on experience it was established by our country in the Criminal Code in 1979, as one of the five principal punishments. Its nature was shifted from both political and penalty natures to a single nature of the penalty. From the four characteristics, it can be seen that the development of public surveillance is in line with the development of open and Sociality of the criminal penalties. The existing criminal law provides the object and conditions of the application, and the agencies and contents of implementation, and other aspects. However, there is a very low rate of application of Public Surveillance because of the legislative system and the judicial application and implementation. These deficiencies, to a large extent, hampered the functioning of Public Surveillance.The second part talks about the disputes about the abolition and persistence of Public Surveillance. After a brief introduction of concepts on retention and abolition of Public Surveillance, the author's own opinions are put forward. Reasons for the abolition are mainly set up at some aspects such as the history, the scientific nature of the penal system, the current situation and the legislative grounds. Reservations are mainly set up at some aspects such as the purpose of criminal law, the execution results, the development trend of the penalty system and the penalty methods. Through a series of analysis on the abolition, the author clearly put his position, that is, to retain and improve the system of public surveillance.The third part analyses many values of public surveillance .First of all, address from the general values (justice, utilitarianism, freedom, order). Secondly, analyze the special values at the basis of comparison with other kinds of punishments. The special values of public surveillance mainly reflected in two aspects. On the one hand they are in favor of improving the penalty system of our country, and on the other hand, they are also beneficial to the socialization of criminals.The fourth part is about the improvements of public surveillance which are proposed based on comment on existing improvements. The existing proposals of improvement include mainly three aspects. Firstly, change the executive organs. Secondly, increase the consequences of sanctions. Thirdly, increase the mandatory labor for the public good as one of the penalty content. After assessing objectively and rationally, the author puts forward recommendations from three aspects, that is, the building systems, judicial application and the implementation. The building systems includes, to separate the obligation with the content of penalty, to enrich the disciplinary provisions which should be comply with, to delete restrictions on political freedom ,to clear its content for penalties , to increase the labor ; to introduce security system and the prohibition of the negative obligation to enhance the criminal penalties, to expand the scope of application ,to perfect calculation of sentence, in the application of justice, to introduce the system of pre-trial investigation and penalties for individual, to change the concepts of heavy penalties of the judiciary members, and strengthen the standards of application. At the same time to improve the execution of public surveillance. The three aspects interact with each other, and contribute to the fulfillment of due functions of Public Surveillance.