The Study On The Legal Supervision Mechanism Of Executing A Sentence Outside Of Jail Temporarily In China

On the basic of the protection of human rights and humanitarian, lightpunishment and execution socialization will be the trend for the application ofpunishment around western developed countries. Our country also put forward thecriminal policy called “temper justice with mercy”. In certain sense, executing asentence outside of prison has been applicable frequently when the people’s courtdeals with criminal trials, which not only is an indication of law integration withinternational practice, but also is the progess of the judicial reform in our country.However, because of “traditional heavy penaltism” and “emphasize substantive law,ignore procedure law”, the institutional development of “executing a sentence outsideof jail” has a big gap between our country and international society. Take executing asentence outside of jail temporarily for example, it is a lot of problems: the omissionin laws, lacking of standardization in executive procedures and the imperfect legalsupervision. From juridical practice, the situation of law enforcement is very confused.Meanwhile, there are many illegitimacy phenomenon, like “spending Money insteadof undergoing medical treatment outside the prison”,“undergoing medical treatmentoutside the prison instead of liberating a prisoner” and so on. These not only are offthe original intention of protecting human rights, but damage judicial credibility. Ithas brought very bad influence in society. Intended to change the status quo ofexecuting a sentence outside of jail temporarily, we need to change relative laws andregulations and perfect the working mechanism. In addition, it is important to strengthen the legal supervision of the people’s procuratorate. It could be in favor ofsolving the problems and guarantee the system worked well. Therefore, from thepresent situation of executing a sentence outside of jail temporarily, the people’sprocuratorate should play a positive role by legal supervision, so that we can studyhow to construct the legal supervision mechanism of executing a sentence outside ofjail temporarily. And this is the important issue of executing a sentence outside of jailtemporarily in our country. This article will also focus on the theme.This article has five parts.The introduction is about the background of protecting human rights ofexecuting a sentence outside of jail temporarily. In addition, it also introduces thepresent study in our country. Started with the simple introduction of executing asentence outside of jail temporarily, the first chapter gives a general overview of legalsupervision of executing a sentence outside of jail temporarily, like its concept, itsfeatures, nomology basic and the value analysis.The theory expounded is to discussthe next part well. The second chapter discourses in-depth the present problems ofexecuting a sentence outside of jail temporarily and its legal supervision. Thusstrengthen the supervision is the most feasible way to solve the present problem. Thethird chapter is on basic of the pre-part. The main subject is how to improve the legalsupervision mechanism of executing a sentence outside of jail temporarily. At the first,it explains the perfect path and the ideal judicial situation. Then, the author discussedthe system framework of executing a sentence outside of jail temporarily under thenew criminal procedure law. The most importance is the revise of procuratorialsupervision. Then the author shows the specific work mechanism, so that it forms asound mechanism from legal and practice aspects. At last, it is the epilog.