The Empirical Study On The Information Disclosure Of Tempor-ary Execution Outside Prison

The disclosure of the information of temporary execution outside prison is an important measure to regulate the exertion of the authority of temporary execution outside prison, protect the basic rights of the criminals and to satisify the right to know of the public which included the victims.But the disclosure of the information of temporary execution outside prison is still in its starting stage, it is inevitable to occur some problems, such as non-standard, not comprehensive and not in time in the process of the information disclosure, which should attract our attention.Using the empirical analysis method which combined the theory and practice, this article makes a study on the implementation situation of the disclosure of the information of temporary execution outside prison, hope to contribute to the much more comprehensive, standard, in time disclosure and to attain the goal of strengthening democratic supervision and regulating power exercise. Except introduction and conclusion, the article consists of six parts, about 27,000 words.The first part is the generalization of the disclosure of the information of temporary execution outside prison. As the organs to exercise the disclosure of the information of temporary execution outside prison, the people’s court, the prison authorities and the public security organs should make these informations which related to the cases public, such as hearing proceedings, hearing basis and the evidentiary materials which can prove the criminal accords with the conditions of being temporary execution outside prison, and accept the supervision of the interested party and social public. This is out of the necessaries of safeguarding the right to know of the public and the basic rights of the criminals. To disclose the information of temporary execution outside prison, play the role of democratic supervision, prevent the authority abuse of temporary execution outside prison, it can well realized the value of temporary execution outside prison and in favour of setting up the judicial trust of public.The second part is the regulated process of the disclosure of the information of temporary execution outside prison.Under the current laws and regulations, the authority of temporary execution outside prison is exercised by the people’s court, the prison authorities and the public security organs.Thus the disclosure of the information of temporary execution outside prison is the content of trial open and prison affairs open.The establishment of the prison affairs open ideas and principles plays a guiding role in the disclosure of the information of temporary execution outside prison.The normative legal documennts related to the prison affairs open issued by the department of justice regulate the specific content and result of prison affairs open such as the proceeding of checking the prisoners with scores, how to deal with it and the rewards and punishment, which somehow play a role in the disclosure of the information of temporary execution outside prison to some degree; the early stage exploration results established by the supreme People’s Court such as open trial, insist to deepen the open, strengthen the construction of open platform and explore the innovation of open method, offer the thought guidance, material support and experience reference for the setting up of the disclosure of the information of temporary execution outside prison.The third part introduces the implementation situation of the disclosure of the information of temporary execution outside prison.Nationally, the disclosure of the information of temporary execution outside prison is still in the early stage, its registration publicity, publicity before judgement, public hearings and decision documents online publicity has been implemented in our country. As of the end of February 2015, there are 125 registration publicity, 23 public hearings and 171 decision documents online publicity by people’s court. As of the end of February,2015, there are 125 registration publicity, 23 public hearings and 171 decision documents online publicity by people’s court. The prison system put 2490 public decision documents online, the advance publicity of temporary execution outside prison to criminals has been launched in the national prison. As to the local, local people’s courts of provinces and cities have made temporary execution outside prison information public, which is the first time in many courts, public information develops unbalanced in different provinces and cities.The fourth part, the existing problems of the disclosure of the information of temporary execution outside prison. The information disclosure subject stays in a dominant status, it can choose the methods to disclosure, whether to register publicity, whether to hold public hearings arbitrarily. The scope of informations to be disclosed is too narrow and open standard is fuzzy. The advance publicity and decision documents publicity of temporary execution outside prison are mostly confined to the laws and the results, the specific informations relate to whether the criminal accords with the temporary execution outside prison rarely specificly illustrated. There is no time limitation on the disclosure of temporary execution outside prison information, which cannot ensure informations be disclosed in time, and various places have various practices, the form of documents publicity is disorder, lacks of standardization.The fifth part, perfect the procedure regulation of the disclosure of the information of temporary execution outside prison. Make clear the status of information disclosure obligations subject in the legislation, change the high profile of information disclosure subject. Clearly stipulate the scope of information be disclosed, and strictly defined the non-opened content, strengthen the operability of information disclosure, to prevent the public subject delaying information disclosure due to the confidentiality.Definitely set the select condition of information disclosure, to avoid the method of information disclosure be chose at will, and against the right to know of relative person. To avoid the information disclosure be a form, the standard of information disclosure must let the opposite party understand the truth of the case and how to exercise the right from the publicity content. In addition,we should specify a information disclosure mechanism to ensure the information be announced timeliness.The sixth part, strengthening the security mechanism of information disclosure of temporary execution outside prison. First of all, pay attention to the concept construction of information disclosure of temporary execution outside prison,build up the awareness of active disclosure, to remove the obstacles of information disclosure in the concept.Secondly, strengthen the platform construction of the information disclosure of temporary execution outside prison, each information disclosure subject should establish corresponding temporary execution outside prison information online publicity column, expanding the coverage of the disclosure object. Thirdly, the procuratorial organs should take the initiative to supervise the information disclosure of temporary execution outside prison, to the information which should have been disclosed, the procuratorial organs should take the initiative to propose corrective advice, to the public complaints proposed by the relative person, the procuratorial organs shall verify.