Study On The Supervision Of The Penalty Change Synchronization

Penalty alteration execution synchronous procuratorial supervision refers to the people’s procuratorate according to legal means and methods, to supervise the whole process of synchronization in accordance with the legal procedures for change of penalty execution activities, changes to the implementation of dynamic, comprehensive supervision of penalty to achieve. The change of penalty execution here only refers to commutation, parole and the temporary execution outside prison. Perfect penalty to change the implementation of synchronization system of procuratorial supervision helps to guarantee the penalty alteration execution procedure of sunshine and transparent, helps to maintain the normal prison regulatory order. The supervision of the execution of punishment originated in ancient China. The supervision system, which throughout the whole feudal times includes the supervision of the execution of punishment. The legislation of the end of Qing Dynasty and the Republic of China also empower the prosecution supervision execution. Due to our country’s judicial system is different from the civil law and common law countries, the change of penalty execution field to completely copy foreign system is not practicable. However, we can still reference the penalty judicial practice of some foreign countries to improve the penalty alteration execution synchronous procuratorial supervision system of our country. For example, prisoners enjoy extensive rights in foreign countries, prisoners or the procuratorate has the right to change the implementation of the penalty system, commutation, parole hearing the case abroad, the commutation revocation system, all of these has important practical significance to improve the penalty alteration execution synchronous procuratorial supervision system of our country. Theory and practice of our country on the change of penalty execution of prosecutorial supervision, has changed from "supervision mode" to "during and after the supervision mode", and now has changed to "the synchronization of supervision mode". But at this stage, the synchronization of procuratorial supervision system is still in the exploration stage, and the procuratorial supervision of criminal penalty execution alteration still exist many deficiencies, which not only the legal and funding problems, but also the problems of the prosecution itself. The author of this paper analyses these issues, and summarizes the years experience of cases of commutation, parole, the temporary execution outside prison,and puts forward some suggestions to improve the penalty alteration execution synchronous procuratorial supervision system of our country.