On The Supervision System Of Penalty Enforcement

The duty of supervising penalty enforcement is granted to the office of publicprosecutor by the law. It not only plays an important role in maintaining the authorityof the law and the authority of the judgment of the court, but also has great value inprotecting the human rights and assuring the reality of the purposes of penalty. Basedon the imperative status of the supervision of penalty enforcement, this thesis willbegin with the definition of penalty enforcement and followed by the developinghistory of supervision of penalty enforcement, and then it will introduce thesupervision regime of some major countries. Last but not least, it will analyze theproblems that the current supervision regime bears and will give some operationalmeasures to make up the problems. This thesis is divided into five parts: Firstly, thedefinition of penalty enforcement and the definition of supervision system of penaltyenforcement and also the value of its existing and why it is necessary, namely everydeeds of national rights executive must be supervised by others in order to insure thesound running of the authority. It is the same thing for penalty enforcement; penaltyenforcement behaviors also must be supervised by a certain institution to insure thenormal running of national rights. Penalty enforcement is the authorities that grantedthe rights of enforcing the penalty by law so as to publishing the crimes andmeanwhile protecting the people and eventually meet the needs of the destination ofpenalty enforcement. This enforcement that make the penalty on the sheets come intothe reality activity must be supervised by some authority that be admitted by the law.By doing this the power of the enforcement institution will be limited and make them norm their behaviors so as to guarantee the smooth running of the national power.Secondly, the evolution of the supervision system of penalty enforcement of Chinafeaturing the characters and principles of the current supervision system; through theintroduction of China’s ancient regimes of the supervision over penalty enforcement,we can better understand how the regimes appear and how it evolved to today’sdegree. China’s present supervision regimes are the outcome of long development andthey are also the stellar part of our introduction. Thirdly, introduces the supervisionsystem of penalty enforcement of several main foreign countries; this part will beintroduced roughly instead of within much detail things. Different country hasdifferent rules about the supervision over penalty enforcement, but the essence of theregime is the same, that is by supervising and observing the penalty enforcement toensure the sound operation of state powers. Fourthly, analyzes the drawbacks of thecurrent supervision system of penalty enforcement and its negative affects. Forinstance the supervision of the office of public prosecutor is very passive and alwaysbegins after some bad incidents have already happen, also the vacancy of thesupervision of enforcement that involves property and so on; Fifthly, introduces themeasures that could be taken to make the supervision system better, for instance,perfecting the legislation and make the rules of supervision more detailed and so on.