Research Of Temporary Execution Outside Of Prison System

The present legislation for execution outside of prison in china is applied on the subjects who has been convicted of detention, fixed-term imprisonment, life imprisonment to execute the conviction outside the prison when there are some reasons that clarified in related laws. The subjects who qualified to the execution outside of prison should be transferred to some district reform institutions for further execution of conviction. It is flexible to have the conviction executed like this which also shows the flexibility for the conviction policy which focus not only on punishment but also on the reform for criminal. It is a signal that shows humanization of penalty execution in china and also the significant achievement of Chinese judicial reform.In the history of penalty in the world, the trend is alleviation in penalty. From the life penalty at the very beginning to imprison later and co-exist of imprison and non-imprison and generally accepted imprison. It shows the humanization in Chinese judicial development and also shows the human right become more and more important. The trend of alleviation of penalty also influence the development of non-imprison theory in china. The present system of execution of penalty outside of prison established decades ago. The execution of penalty outside of prison is confirmed in Criminal Law which established in1996. It is reviewed as Criminal Law reviewed in2012. From the applied subject suitable for this rule and condition, approval process to detention and examination of the criminal, it covers all stage. It also shows the reform of trend in world judicial has a great influence on Chinese judicial reform. The Criminal Law revised in2012includes new conviction execution outside of prison which is based on the achievement of Criminal Law1996. It is the completion for the legislation.However, we notice the deficiency in the revised legislation of execution of conviction outside of prison which could influence the practice of the legislation. We could see the subjects are not get involved while assume actively protection in execution in the legislation when open up the revised act. It could hardly say that it is reasonable as the criminals are not granted the right for application which shows the right for criminal is not protected. In the approval process of execution, it is still mainly decided by legal institution which is criticized as bureaucracy. It probably cause injustice. The time for execution applied on specified criminal increased2types which are not included in penalty. But in most cases, the time is included in the penalty which is the most serious problem in this legislation. it will have some negative effect as the criminal could take advantage of the legislation who would try to make themselves have the execution of penalty outside of prison with any mean which could lead to corruption and injustice in judicial.As the achievement of alleviation of penalty executed outside of prison in the process of reforming judicature, it is necessary and realistic to have the legislation. So it is necessary to discuss the incompletion of the present legislation and make sure it would be implemented properly in practice and fulfill the function of human right protection and transformation. However, everything is changing all time. The reform of penalty alleviation will not stop. So our step will not stop also with the development of The Times, the research on this field would go deeper. The reform for execution of penalty outside of prison will go deeper. Suspension of execution of penalty takes place execution of penalty outside of prison is a good choice.