On The Improvement Of The Legal Supervision System In China's Execution Of Punishment

The legal supervision system of penalty enforcement is a kind of a system that procuratorial organs ,who has the legal right of supervision, supervises the criminal justice of the enforcement of the criminal judgment or ruling made by the people's court. Since the enforcement of the penalty is the last procedure of the criminal justice, the abuse of the right of the penalty enforcement will make the criminal lawsuits of the earlier stage meaningless. Therefore it is essential to improve the legal supervision system of penalty enforcement, which will guarantee the lawful penalty enforcement and maintain the impartiality of justice.The legal supervision system of penalty enforcement of our country, which was referred to the system of the former Soviet Union, was made as an independent regulation only after the establishing of the People's Republic of China. But the study of the system has not been attached sufficient importance on for a long period of time. Though some success has been achieved in the practice, the problems existing in the system itself and the improvement about it has not been systematically analyzed and proved. The writer finds that apart from the problems in setting up the legal supervisory bodies, such as the supervisory bodies set up are not unified; the functions need amplified further; the mechanism is not coordinate; the system has not been attached sufficient importance on; the names are not scientific etc., there are some other more noticeable problems in the practice of the system , which, to varying extent, exist in the practice of the system of death penalty, prison sentences, non-prison sentences, property penalty and disqualification. Specifically, these problems are: there are too many penalty subjects; the relative rules and regulations are not scientific; some supervisions of penalty are not practical and need updating; there are not enough active supervisions; the daily supervisions are rough and the supervision measures are not compulsory. The problems mentioned above hinder seriously the practice of the system.After analyzing these problems and referring to the legal supervision system of penalty enforcement in some other countries, the writer puts forward the following proposals to improve the system in our country on the basis of her long-termworking experience of the system practice.The first one is to improve the setting up of the legal supervisory bodies, which involves unifying the supervisory bodies and scientifically naming them, perfecting its internal mechanisms, attaching more importance on the system practice and enhancing the quality of the staff. The second one is to improve the legislation of the system, which includes removing the contradictions in the present regulations and laws to make the system a more scientific one and making unifying penalty enforcement laws. The third one is to improve the system in its practice, which involves making the supervision system of death penalty, property penalty and disqualification, building up consciousness of protection of human rights, which includes setting up hearing system and display system, establishing long-term effective supervision mechanism and bringing the legal supervisions of non-prison penalty, property penalty, disqualification into community corrections system.