On The Temporary Execution Outside Prison Of Legal Supervision In China

With the development of penalty execution socialization, many countries begin toimplement non-custodial penalty. Compared with custodial penalty, this non-custodialone not only greatly reduces the cost of execution, but also is good for reforming andeducating the criminals to further reduce recidivism rates. In recent years, our countrypays more and more attention to the protection of human rights of criminal suspectand defendant and has enacted temporary non-custodial penalty system based onprotection of human rights to ensure basic rights of the offender and defendant.Because this system reduces the penalty somehow, it may induce law enforcementchaos and corruption that allow criminals who should be imprisoned to be at large,especially if the system is misused or not under proper supervision. Therefore, itbecomes the current core issue of legislation and judicial practice that how to regulatenon-custodial penalty and related law supervision through legislation, how to bufferthe conflict between criminal punishment and protection of their human rights whenapplying the temporary non-custodial system, and how to establish legal supervisionsystem for temporary non-custodial penalty that adapted to China’s circumstances.This paper starts with the conception of temporary non-custodial penalty and relatedlegal supervision. Then, based on observation of our country’s legislation reform andjudicial practice of legal supervision on temporary non-custodial penalty, as well asthe latest provision of the Criminal Procedure Law, it analyses the defects on presentlegislation and judicature and proposes preliminary ideas on establishment of ourcountry’s legal supervision system of temporary non-custodial penalty. The wholepaper is divided into the following four chapters:Chapter One generally elaborates the legal supervision of temporary non-custodialpenalty.Firstly, the conception and feature of temporary non-custodial penalty arestudied and proved; secondly, legal supervision’s connotation and denotation areelaborated; finally, this chapter analyses the value of legal supervision of temporarynon-custodial penalty.Chapter Two studies our country’s legislation and legal practice of legal supervisionoftemporary non-custodial penalty. Firstly, this chapter introduces our country’s legalprovision on temporary non-custodial penalty system and related legal supervisionsince the establishment of the new China, and it points out defects and possible ways of improvement on our current law, especially the newly-amended CriminalProcedure Law; secondly, it provides analysis on problems existing in judicialpractice of temporary non-custodial penalty, and on causes of defects on our country’slegal supervision of temporary non-custodial penalty.Chapter Three discusses the improvement of legislation on our country’s legalsupervision oftemporary non-custodial penalty. Firstly, this chapter starts fromdiscussing the unification of institutions approving the temporary non-custodialpenalty, then the improvement of approving procedure, and finally the amendmentand improvement of community correction law provision, to ensure that nationalinstitution can implement prompt and comprehensive legal supervision of temporarynon-custodial penalty through the whole approving and executing process.Chapter Four discusses the establishment of inspecting and supervising system oftemporarynon-custodial penalty. The focus is how to improve supervising methods,enhance the linkage mechanism among related institutions and the accountabilitymechanism, and properly make use of social supervision, in order to establish ourcountries synchronous supervision system of temporary non-custodial penalty.