The Procuratorial Supervision System In The View Of Punishment Execution

Punishment execution of procurator supervision is the supervision refers to theprocurator organs for the legality of penalty execution; it is the part of legal supervision.Punishment execution of procurator supervision has important meanings in the aspects ofensuring law enforcement and the human right of criminals. This article uses historicalanalysis, comparative analysis to study and analysis the concept of punishment execution ofprocurator supervision. Based on the current situation of our country I point out the problemsof punishment execution of procurator supervision. Inspect the different theory and laws ofthe Anglo-American law system and civil law system, posing suggestions of punishmentexecution of procurator supervision in our country.In this paper, besides introduction and conclusion, the text is divided into four parts.The first part mainly introduces the theory knowledge and the concept of punishmentexecution of procurator supervision. Analysis the universally, procedural and hysteretic nature.Explore the origin of punishment execution of procurator supervision from the basic researchof theory in two aspects are theory and law. In the end classify the object of punishmentexecution and the way of procurator supervision in our country.The second part mainly from the concept of law enforcement, legislation and procuratorsupervision system these three aspects discussed the current situation of punishmentexecution of procurator supervision at present stage, and combine the problem about thepunishment execution of procurator supervision in the reality society. Then come up with theproblem and defaults based on the three aspects mentioned above. The mainly default isinadequate protection of human rights, legislation is blank and contradiction, set inside theprocurator supervision system is not reasonable.The third part mainly introduces the Anglo-American law system and continental lawsystem of the procurator supervision system of punishment, based on the comparative studyof different countries punishment execution of procurator supervision. Combine the differentstipulation in the two law system, classifying the procurator organs for sorting differentfunctions in different countries. In the different way of punishment execution analysis thedifferent function of procurator organs in the different countries. And make a comparisonabout the advantage and disadvantage in the function of procurator organs. Though the cleanup above, use of references of the characteristic country which is adapt to our country, and offer help in the complete of punishment execution of procurator supervision in our country.The fourth part puts out the improving suggestions for our country punishment executionof procurator supervision, aim at the strait of punishment execution of procurator supervisionin China. In the three aspects of supervision idea, legislation and specific supervision givesuggestions to improve the punishment execution of procurator supervision.