Research Of Short-Term Freedom Penalty Execution Reform

Short-term freedom penalty, by definition, refers to a short punitive measure which deprives criminals of personal freedom. According to the laws of our country, probation system, and the judicial investigation, it is appropriate to define the fixed-term imprisonment of not more than three years and detention as the short-term freedom penalty. Implementation of short-term freedom penalty, refers to a criminal judicial activity that the judicial office with power of penalty execution imposes punishment on those criminals of short-term free penalty. Short-term freedom penalty also has its own unique characteristics except the basic characteristics as the general execution of freedom penalty. For example, it is to deprive criminals of liberty within a short time, and it is executed by detention center.On the current legislative situation, there is no specific statutory law to ordain the contents of the short-term freedom penalty in China. Therefore, for the execution of the short-term freedom penalty, there are flaws on the aspect of legislation, such as the imperfect legal system which is expressed that the legal basis referred by the execution of short-term freedom penalty outside the prison is not complete, and the laws related to the imprisonment penalty is scarce; the contents of procedural law and substantive law on the implementation of the main offenders juvenile detention are contradictory. By criminal law, the public security bureau is the only execution subject to execute the imprisonment penalty as well as the juvenile detention; while by criminal procedure law, the implementation of the juvenile criminals should be executed by juvenile prison. Therefore, the provisions of the two kinds of laws have contradiction. In judicial practice, the implementation of short-term freedom penalty has various drawbacks, resulting in unsatisfactory results, which are expressed in: the lack of an independent execution venues, prison staff’s attaching less importance to short-term free penalty criminals, short-term freedom criminals’ lack of determination of self-remodeling, and the transformation of the penalty system does not really apply to the execution of criminal penalties in the short-term freedom penalty and so on.The legislative reform of the short-term freedom penalty is developed from two aspects. One is to improve the execution legislation of short-term freedom penalty, to further clarify the enforcement competence and executive program of the executive subject of the short-term freedom penalty. The other is to rationalize the implementation system of short-term freedom penalty, mainly clarifying the subordination status of the detention center. The judicial reform of short-term freedom penalty is developed from three aspects. First, expand the execution of the hesitation system which can achieve the preventive purpose. Second, improve the execution condition of short-term freedom penalty to enhance the implementation effect. Third, socialize the short-term freedom penalty. Penalty socialization is an international principle of penalties execution, and is the inevitable trend of historical evolution penalty. And it accurately reflects humanitarian penalty, and is also the vivid manifestation of the principle of the penalty socialization of the reform of the legislation.