Prosecution Supervision Of The Implementation Of Fine Penalty

Fine penalty is an important penalty method，in our judicial practice，the implementationof the fine penalty is not satisfactory, Our prosecution organs are endowed with monitoringthe implementation of the criminal power and responsibility..But the prosecution supervisionover the implementation of the fine penalty is not strong because lack of.supervisionmeasures,which are single and not perfect.Study the implementation of the fine penaltyprosecution supervision problem, not only help to correct the prosecution organs to finepenalty for the understanding of the implementation supervision, strengthen supervision andself-consciousness, but also to help find the problems existing in the practice, and putsforward relevant legislation and perfect our work mechanism suggestion, make fine penaltyimplementation prosecution supervision of exemptions.This paper, besides the introduction and conclusion, the text is divided into three parts.The first part is discussed fine penalty implement the necessity of prosecutionsupervision. From the judicial practice of situation, the fine penalty of the present situation ofimplementation in China is not optimistic. And fine penalty scope expanding and the courtsentenced the increase of the number of fine penalty than is relatively low in the practice andreally get in the implementation of the fine penalty in violation of the provisions of laws inmany of the unspoken rule, such as paying the fine, the program, the fine alienated to"ransom", etc. Fine penalty of the existence of implementation of these problems, not throughthe court perfect solution to the implementation procedures, because although the court as afine penalty executive branch, internal regulations in how to supervise the implementation ofthe fine penalty, but the court of the establishment of internal supervision and led to "overseeitself" paradox, difficult to really find and correct illegal behavior. And prosecution organs tosupervise the implementation of the fine penalty can be done with "the power to restrictpower", prevent actuators abuse, also can maintain the criminal implementation to ensure therealization of the national penalty goal, to ensure implementation effect of fine penalty play apositive role. In addition, at present relatively the implementation of the prosecutionsupervision in "short board", and improve the implementation of the fine penalty forimproving the prosecution supervision prosecution supervision system has the positivesignificance.The second part of the paper is fine penalty implementation of prosecution supervision system structure and operating conditions. Our "criminal procedural law" and "the people’sprosecution criminal procedure rules" regulation the prosecution organs shall have the right tofine penalty of implementation surveillance, but due to the rule of law is too principle of, don’tbe operable, supervision measures a single and lack of coercive power, so the effect ofsupervision is not very ideal. The prosecution organs in practice all actively explore, seriousend experience, have gradually started to supervise the implementation of the fine penalty,and achieved good effect. Such as Shandong province linshu prosecution and the court toestablish the "fine penalty" implementation supervision and specific measures forimplementation of, many not implemented after the criminal case, both in the way to easeafter be concentrated implementation; Zhejiang Fuyang prosecution in jail in establishingresident agencies in the daily inspection found in implementation and property and notimplemented fine penalty, prosecution positive and court will carry out it with a fine, shall beturned over to the state Treasury; Shanghai Yangpu prosecution and prison service, cooperateclosely, will pay a fine for investigation prisoners from the boiling pleaded guilty one of theimportant criteria plot, and linked with commutation, sentenced to fines is implemented, andso on.The third part of the paper deals with concrete ideas to improve the fine penaltyimplementation of prosecution supervision. In ideology, China’s prosecution organs hasinvestigation and always attached great importance to the supervision of the trial stage, in theimplementation stage is only pays great attention to the life of freedom penalty. fine penalty,including the property penalty are being forgotten.Therefore,improve the inspection andsupervision of the fine penalty should first from the concept reverse prosecution organs toignore the situation of carrying out supervision and fine penalty, make its will include finepenalty, the property in the view of the supervision and penalty, and the knowledge of the lawto the supplementary penalty and life than freedom is also very important.Secondly, in theimprovement of the system of specific aspects:(1) for supervision body. We should be injudicial explanation clear prosecution department prisons as fine penalty prosecutionsupervision executive main body (2) in the supervision and content. Due to the implement offine penalty is complicated and changeable, prosecution departments shall be pay differenceattention than tracking and synchronization time limit execution supervision.(3) on thesupervision ways.We should established the executive card, completes the registration,understand what needs supervision; At the same time is to strengthen and social institutions communication and relationship, such as execution community, so as to find out more, tomaster the execution of the property status. To the existing situation should be issued throughillegal of prosecution to correct advice, and prosecution Suggestions to perfect place isincrease the effectiveness of prosecution suggest, because the current verbal Suggestions andillegal correct notice of confirming the prosecution Suggestions such as insufficient still, in besupervision departments ignore, supervision and the validity of the mentioned. Prosecutors inprisons in interviews, interview and investigation to means such as outside, still can use theappeal and accusation department and the knowledge of the channels increased. Finally,should improve prosecution prisons mechanism. At present more outstanding problems ofprosecution are personnel, office condition and infrastructure backwardness, the inadequateprotection funds. These problems are seriously influence and restrict the procuratorsupervision work, shall carry out the supreme people’s procurator added strength, establishingthe procurator normal growth mechanism and funds will science and technology used in theopinion of procurator work. In addition to add about fine penalty executive prosecutionsupervision evaluation mechanism, the use of the evaluation mechanism rewards and penaltyurged prosecutors in prisons do fine penalty the execution of the supervision work.