Consummation On The Theory Of Temporary Execution Outside Prison System In Our Country

Temporary execution outside prison system in China, it is a criminal sentenced tofixed-term imprisonment or criminal detention, which appears special circumstancesprescribed in the law, due to the this law and in accordance with the change of theplace and manner of execution, it asked the criminals get better medical care. Thesystem has the following features: apply object specialization, non prison, periodincluded in the sentence outside prison temporarily and wait for a characteristic.Today, the line of penalty humanitarian has become the mainstream values of criminaljustice. It gets consensus around the world. The temporary execution outside prisonsystem is a method with full of humanistic care and based on the humanitarian care ofcriminals, to ensure the basic human rights and reforming the criminals at the sametime. This time, the new criminal procedural law will be written into the generalrespect and safeguard human rights, which protect the right of The criminals, thesystem is beneficial to reduce the lawsuit cost, let criminals return to society smoothly.The new criminal procedure law expanded the scope of the temporary executionoutside prison system in China. Putting "pregnant, nursing mothers" this situationextended to life imprisonment criminals; Changing the after supervisor into the beforesupervisor. Community correction organs shall be responsible for the management ofthe criminal, which will strengthen the criminal management professional andnormality. The amendment of criminal procedural law of the new, better safeguard thecriminal human rights, gradually standardize the system of temporary executionoutside prison, it has become more suitable for line with the judicial practice.However there still exist deficiencies: the appraisal standard is not unified, judicialcorruption, severe criminals to take off the tube and put in prison difficult and toonarrow application scope and so on. In my opinion, the reason for the mess of thecurrent system of temporary execution outside prison, that is in the approval processpower abuse and supervisory negligence, and there was a lack of appraisal procedures,appraisal qualification, as well as the legal norms defects and other problems. Hence,it should further standardize the system of temporary execution outside prison;safeguard the criminal human rights at the same time, to achieve transformation andeducation, make criminals return to society successfully as well.