On The Perfection Of Public Surveillance

History of the development of China's criminal law can be traced back to the slave society thousands of years ago, but the Public Surveillance as the only restriction on our freedom of original sentence, it is in our new-democratic revolution that the development of the specific historical context formed. Accompanied by the changing conditions and evolution, The Public Surveillance is the lesson learned from the successful fight against crime by the masses of our people, its emergence and development have strong Chinese characteristics. At the same time, it is the only kind of penal system in China not to the conditions of detention as the principal penalty, with an open and humane and socialization features. The birth of Public Surveillance is to improve China's penal system, also in line with penalties for the development of the world's Moderating the trend, its inherent is to pursuit the basic human values and recognition, so that in the new historical period it shows a strong vitality.With the development of our Society,to control the use of torture in judicial practice in the present shrinking of the status quo, the Public Surveillance showing some of its purpose is not consistent with the establishment of the shortcomings and problems, therefore, some scholars believe that Public Surveillance have been unable to meet China's current fight against crime, can not to protect the people's needs, it should be repealed. I do not deny that the Public Surveillance has a number of shortcomings and deficiencies, but generally speaking, the Public Surveillance is still the need for its existence, has its own significant value and special features, If carried out to improve, it can play an important role in the process of the building China's socialist society, which is the purpose of this paper. The paper is located-based the Public Surveillance's shortages, the paper's target for its refinement in order to more fully play to the Public Surveillance in our fight against crime. The Paper mainly uses three methods to study. First, using research methods of historical materialism, in the opening sentence of the control of the historical background and defining characteristics are described; Secondly, using dialectical analysis research methods from the reservation with the abolition of controls punishment battle to start, there is further discussion of the need for Public Surveillance, clearly the existence of the Public Surveillance with both a humanitarian value and economic value, also has institutional value, and highlights the Public Surveillance as a sentence by a transformation function, deterrence function and educational functions; Thirdly, is to use empirical analysis of research methods on the control status of the application of penalties to start with a focus on punishment for the control of concrete practical problems in the improvement of measures, respectively, from the legislative level, the judicial level, and raised the level of implementation to start specific solutions in order to play as much as possible the positive significance of the Public Surveillance, reducing its negative sense, to achieve the best economic and social penalties for China's socialist construction of society to create conditions for the rule of law.Specifically, this paper consists of four parts:The first part is to control the criminal summary punishment resulting from the control of the historical background, this paper introduces the four stages of its development and change, and on this based the definition and characteristics of the Public Surveillance are defined and anal sized, clearly regulation is a crime molecules is not detained, but restriction on certain freedom, the masses by the public security organs to implement and monitor the penalty method of transformation.The second part is the control for the theoretical circle of retention or abolition of criminal disputes, there is the need to make the Public Surveillance. Pointed out that the Public Surveillance with humanitarian values, such as penalties for protection of human rights in line with our values, economic value and if we can reduce the execution cost of the system value to avoid "cross-infection" and so on, and it also has its own special features include the crime the transformation of molecular function, the deterrence of potential criminals function and the educational function of the general public, hence it is absolutely necessary to retain.The third part is a problem for the control of criminal analysis. Specifically from the legislative level, the judicial level, and law enforcement levels had in-depth analysis to identify the problem with the Public Surveillance, such as the application of the object is not clear, the scope of non-standard configuration; penalties are too weak to punish, mechanism is not perfect; a relatively long term of imprisonment that convergence is not in place; the implementation of safeguards deletion; justice perspective and the specific question of trial; implementation of the main unreasonable; supervision of the principal is not appropriate; implementation of the system is not perfect, and so, in order to improve the latter part of the concrete provides a viable basis.The fourth part is discussed in the preceding on the basis of its problems make specific comprehensive proposal. At Legislation:the creation of dangerousness specific assessment criteria, which clearly regulates the application of the object and scope of the punishment; increase in unpaid labor provisions, the establishment of hierarchical distinction between the degree of crime punishment mechanism; change the control of criminal sentence, constitutes an organic link with the detention system from top to bottom; the establishment of control and imprisonment penalties for each diversion system change to ensure the effective implementation of the Public Surveillance. In the administration of justice:in-depth understanding of degrees of strictness relative to economic implementation of criminal policy, change the traditional ideas of Marxism heavy; regulate the specific trial process, adhere to the principle of individualization of punishment to the application of criminal law as a basis for the control. In the implementation:the allocation of checks and balances of power, change control of the implementation of the main sentence; replaced by grass-roots people's organizations to take up social regulatory functions, and implement the "specialized agencies and the mass line combining" policy; with the actual situation around, set the Public Surveillance specialized implementation of the place; to develop an implementation rules to regulate the transfer procedures, improve the implementation of the control system of punishment.