| The prison procuratorial supervision is an important part of thefunction of procuratorial supervision of China.Because of the problemsonsuperintend sense, institution and legislation, it failed to achieve goodsupervision effect, such as: wrong arrest or detention, exceeding the timelimit of detention, torture to extract confessions, detained persons ofabnormal deaths have occurred now and then. With the development ofnetwork, these events are widely spread, leading the society to query thesecurity question, prison supervision problems revealed and need to besolved urgently.In2012March, the new "Code of Criminal Procedure" has put the"respect and protect human rights" into the second article; the eighth articlefurther expanded the scope of procuratorial supervision; the255th hasmade the intervention of the temporary execution outside prisonsupervision ahead of time, while262th of the commutation, parolesupervision intervention ahead of time, to the development of synchronoussupervision, that is a good opportunityto further improve the developmentof thesystem of the supervision of prisons.Using deductive reasoning method, empirical analysis method, thehistorical research method, the value analysis method, tissuetransplantation of legal transplant method and so on,to do the research.Centre on what’s the Chinese prison procuratorial supervision: its concept,characteristic, current situation and procuratorial supervision of main foreign countries related has been discussed; following are the analysis ofthe performance of it: problems on the background of restriction insubjective factors and objective elements. In the end, there are somesuggestions for improvement.The thesis can be divided into four parts:The first part mainly analyzes the connotation of the Chinese prisonprocuratorialsupervision, its business contents, its characteristics andtheoretical origin. This part infers some related concepts through thedeductive reasoning method, the business contents are my own summaryduring doing the actual work of the prison procuratorial supervision.Thepart is the foundation of the thesis.The second part is to analyse the current situation of Chinese prisonprocuratorial supervision and to explore outside. Through the analysis ofthe procuratorial supervision system in USA, France, Japan, Russia, wemay find a way to solve problems in our prison procuratorial supervisioninstitution. France is the birthplace of modern procuratorial power, Americaas representative of Anglo American legal system,its prison supervision ismainly exercised by the court decisions, procuratorial system in Russia andJapan has made more influences on Chinese, in which the procuratorialsystem of Soviet influence is most profound,select above countries toanalysefor the reanson that they are representative. In contrast with China’ssupervision system in supervision inspection room, find that our mode ofthe procuratorial supervision should be more effective than go on a tour ofinspection supervision for monitoring of the illegal act of supervision.However, the better system does not play the role, then we can concludeproblems exist in operation process system.The third part put forward questions of Chinese prison procuratorialsupervision system.Mainly from both subjective aspect and objectiveaspect:old concept of the supervision is the subjective aspect, while defectof the supervision system is the objective one.The fourth part is to come up with methods to solve problemsabove.Updating the procuratorial supervision concept,improving workingmechanism, establishing the custody death survey institution, strengtheningsupervision of the procuratorial supervision, perfecting legislation, combining subjective and objective measures to overcome those problems.This thesis, we hope to improve our institution of the prisonprocuratorial supervision, further enhance the efficiency of thesupervisionwork, provide a useful reference for a better safeguard for the legitimaterights and interests of custody, through discussing on the above issues. |
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