The Status Quo And Improvement Of The Legal Supervision On Punishment Execution

Punishment execution is the main measure of punishing, educating as well asredeeming the criminals. The purpose of punishment execution is to exchange thepower of punishment, and eventually achieve the effect of crime prevention. Thispurpose also reflects its value of social protection. Therefore, the supervision on thepunishment execution is of vital significance in protecting human rights andmaintaining the impartiality of the criminal regulation.The prison procuratorial departments is responsible for the main work of thesupervision of the punishment execution, and through decades of practice andexploration, the mode of supervision of the punishment execution has developed frommaking regular inspection tours to the prison into setting up a procuratorial office inthe prison,thus formed a improved supervision mechanism.The first part of this paper is a detailed introduction of the status quo of thesupervision on punishment execution in China, including the features and the basis ofthe supervision, the subject and object of the supervision and the mode of thesupervision. The object of the supervision is the main content of this part, coveringthe main content of current punishment execution and the corresponding supervision modes and measures. The first part draws heavily on current effective regulations andoperation methods of the procuratorial organs, which is very practical.The second part has introduced some supervision mechanisms of the punishmentexecution which have valuable reference, in order to quote and summaries. Thesupervision mechanisms of the punishment execution are quoted according todifferent legal system, while taking into account the influence of the former SovietUnion legal culture exerts on China’s legal system during the early stage of thefounding of PRC. It also introduces some practices and regulations of the SovietUnion in the legal supervision of the execution of punishment. This part drawsheavily on the introduction and understanding of relevant foreign law from domesticscholars and refers to some foreign legal provisions in order to enhance the credibilityand explicitness of this paper.The third part is a core part of this paper, mainly divided into two aspects: one isthe existing defects of our country‘s legal supervision mechanism of punishmentexecution, the other is some advices to optimize the supervision mechanism ofpunishment execution in our country. In order to solve the problems mentioned in thispart, in addition to optimize the concept and the internal division of labor, a strongersupervision power and a more varied means of supervision should also be endowed tothe prison procuratorial departments, which means give the prison procuratorialdepartments the legal supervision power of punishment execution, a stronger power ofextensive investigation, the right to participation in the ruling procedure ofcommutation and parole, the prosecutorial protest right instead of rectificationadvising right, and more varied means to supervise the activity of punishmentexecution. The core meaning of the above advices is to transform the supervisionmode of the procuratorial organs from during and after the event supervision tosynchronous supervision through endowing stronger legal supervision power andmore varied supervision means to the procuratorial organs. Meanwhile we should alsomake sure the procuratorial organs have sufficient equipments and personnel toguarantee the operation of the synchronous supervision, and eventually forming asynchronous supervision system which can stand the test of practice. Besides,In order to improve the efficiency and effectiveness of the supervision, it is also imperative tostrengthen the information construction.With the implementation of the revised “The criminal procedure law of thepeople’s Republic of China", the contents and the power of supervision enjoyed by theprocuratorial organs has been increased, which also brings greater pressure andchallenge to the supervision work of punishment execution. We do hope the opinionsand suggestions of this paper can provide a reference for the procuratorial supervisionwork.