Empirical Study On The Implementation Of Long-term Free Punishment

Freedom penalty in the penalty mitigation system is the most widely applied,especially in our country, most of the specific provisions of criminal law chargesprovisions have freedom penalty, freedom penalty applicable effect directly decidesthe penalty goal and the realization of the function. Current research focuses onproblems of free sentence execution on the whole research and the study of short-termfreedom penalty, specializing in long-term freedom penalty is relatively small, andbecause of the "Criminal law amendment (eight)" raise the maximum prison sentenceof combined punishment for several crimes, and also increase the part of a two-yearsuspension of execution make the limit reduced clause, sentence to long-term freedompunishment of criminals and the number will increase, the execution of freedompenalty problem is studied for a long time has important practical significance.This paper structure is divided into three parts:The first part is to define the scope of freedom penalty for a long time, for theempirical investigation and determine the scope of the research;List, the second part is the empirical survey data, analysis and review aims tosummarize problems found through the investigation and research. Through research,found that the present in terms of long-term freedom penalty execution, mainexistence prison classification and criminals who in charge of points and simpleprimary, labor and transformation dislocation, primary and secondary educationreform obsolete concept, content, form, hysteresis, prison law enforcement lawenforcement idea lag, the parole application rate is low, the criminal againsocialization measures problems;The third part is our country freedom penalty execution countermeasures andSuggestions to resolve the problem for a long time, mainly in western countries suchas Britain, the United States, Germany, Japan long-term freedom penalty execution ofthe transformation process were analyzed, and found some can be reference to themethod to solve the problem of China’s execution of freedom penalty;separately from the legislative and judicial aspects put forward the idea to solve the problem oflong-term freedom penalty execution in our country. Legislative level, the lack offreedom penalty execution system legislation in our country, the criminal law,criminal procedure law, Prison laws and regulations are spotty, and many of the basicsystem of regulation, line is straightforward, no specific implementation details,freedom penalty execution in the judicial practice for a long time, specific guidancevalue is not high, the need for systematic improvement; The judicial level, the need toincrease investment, and accelerate the construction of prison classification, establisha reasonable mechanism of prison; Prison law enforcement personnel quality shouldbe increased at the same time, the transformation law enforcement idea, regulate lawenforcement, so as to promote long-term freedom penalty execution effect, to betterachieve the purpose of punishment.