On The Reconstruction Of Temporary Execution Outside Prison

The current temporary execution outside prison by the administrative examination and approval procedure, multiple organs have a right to decide, and various organs between no linkage relation, lack of supervision and restriction.Administrative procedure natural procedure determines the nature of it once applied in criminal procedure can produce a lot of unfair public appearance, especially the temporary execution outside prison system of non imprisonment characteristics itself makes it easy to breed the judicial corruption. The temporary execution outside prison system to realize its intrinsic value must abandon administrative procedure and judicial procedure.The temporary execution outside prison by the court, procuratorate and the criminal trial of three form a complete system of justice, and the common criminal procedure is not essentially different, its most major characteristic is the taking of evidence. The temporary execution outside prison is in criminal statutory conditions to initiate or terminate the execution of punishment system, therefore the legal conditions identified key.In proceedings of the framework, the temporary execution outside prison execution mechanism is implemented in accordance with the law of community correction. On probation staff community correction accords with the direction of the modesty and restraint of criminal law theory, also is the country in human rights efforts improved embodiment.In our country, the temporary execution outside prison is the implementation of community correction is one of several system, temporary execution outside prison community correction needed to meet temporary execution outside prison itself system characteristics. Community correction system in many western countries including China’s Hongkong region has a perfect system, in full consideration of our country on the basis of the actual situation, should be on the community correction experience have to choose from, on the temporary execution outside prison staff to implement targeted community correction.Whether from the procedural framework for the design of system, or from the actual implementation considerations, the temporary execution outside prison program properties shall be trial procedure is appropriate.