Realization And Perfection Of Supervision On Change Of Penalty Execution From The View Of The Procuratorial Reform

The supervision on change of penalty execution is an important part of Supervision on penalty execution. It plays a pivotal role in ensuring the correction of penalty implementation and restricting public power. Promoting the Supervision on change of penalty execution mechanism reform is an important part of the reform for penalty execution supervision, and it is also important content of deepening procuratorial reform. Because of lack the target value and the delay of legislation, supervision on change of penalty execution is weakened in practice, which also influences the supervision effect. Money, favoritism and other criminal activities in the implementation of penalty change seriously affect the legality, the seriousness and the authority of the execution of the penalty,amd which will certainly make filing, investigation, prosecution, trial and other early stage proceedings lose their original meaning and value. An important reason for the above-mentioned problems is that the existing penalties about the implementation of penalty change hasn’t established an efficient legislative monitoring mechanism.The author goes deeply into the reasons of restricting the supervision on the implementation of penalty change effectively on the ground of practical working situation of prosecutorial supervision. Aiming at the shortcomings of the implementation of monitoring mechanisms, the author puts forward some corresponding compensative measures from both of legislation and practice, and gives some appropriate suggestions, so as to achieve justice, fairness, and openness of the implementation of penalty change.