The Research Of Present Situation, Dilemma And Improvement Of Application Of Public Surveillance

Since the Enlightenment Movement in Modern Europe, that the punishment is lighter becomes the major trend of the development of criminal law in the world. Chinese scholars had also issued a call to adjust the direction of punishment which was lighter early in the 1980 s. In fact, Chinese criminal law is slowly moving in the direction of punishment which is lighter, public surveillance, probation, parole and others’ non-imprisoned sentence reflects the value of the mitigation of punishment, especially public surveillance. Public surveillance has the characteristics of openness, playful nature, socialization, modesty and so on. Surviving until today, there is the necessity and real value of its existence. However, in judical practice, the specific application of public surveillance reflects many realistic problems. Finally, public surveillance becomes the chicken ribs that is tasteless but wastful to discard. Using the method of empirical research, this essay collects the datas and departures the deficiencies of public surveillance in judicial application based on the datas and proposes the future measures to improve public surveillance. This essay is divided into five parts and contains the following contents.The first part describes the definition and evolution of public surveillance and defines public surveillance. Based on the historical background of public surveillance, this essay introduces its three stages of development, which provides the basis for the study of public surveillance later.The second part not any introduces theoretical debate of public surveillance,but also analyzes its realistic value. It insists the principle of suiting punishment to crime. Not only embodies it the criminal policy of combining punishment with leniency, but also be in line with the suitability of penalty. It prevents the criminals re-offending and reflects the international humanitarian spirit. While individual criminal theory provids the basis for public surveillance’s value, that regulation to prohibit is proposed highlights the individual characteristics of public surveillance further. In addition, public surveillance helps offenders successfully return to social life.This value level in five areas cites the need for existence of public surveillance.The third part investigates the public surveillance’ applicable situation across the country as well as the Chongqing area. The statistical proportion of two parts about public surveillance’s application is counted in the form of chart. This part analyzes its application of different considerations. Through the collection of this statistical data of two parts, it leads to the applicable issues: applicable rate is low; applicable charges are concentrated; the application in subjective aspect is unbalanced and so on.The fourth part specifically analyzes the problems and defects of the judical application with the datas of third part. It is mainly performed as follows: the strength of punishment is not enough, the applicable scope is narrow, applicable objects are single, the disciplinary measures about violating the rules of public surveillance don’t have high effectiveness, the execution is difficult to carry out, the content of the education and transform is crude, surveillance of the implementation is imperfect.On the basis of the previous elaboration, the last part design the measures about futrue improvement. First, the law should increase the content of "community service work" and referent community service orders from abroad and absorpt the mechanism which can effectly work in our country. Secondly, it should make the special subject become the part of public surveillance clearly. Before applying public surveillance to guilty people of fault, the court should make the pre-trial investigation. If the criminal is consistent with applicable conditions, the court should make the judge about applying public surveillance. Thirdly, the law should innovate forms of the education and transform and improve the measures of the education and transform to increase efforts to prevent recidivism. Moreover, improving the supporting measures of implementation and focusing on the details of implementation is very important. Strengthening cooperation between the various judicial departments and concepting the bodies of supervisory to administrate the criminals is necessary. Lastly, the law should establish the exchanging mechanism of public surveillance and widen the exchanging path to achieve the the optimal allocation of resources existing penalties in largest degree.