Research On The Improvement Of Public Surveillance In China

As a kind of restrictive punishment with Chinese characteristic, public surveillance sprouted in the period of liberation war and developed with strong Chinese features. It features as mitigation, humaneness socialization. However, as a result of economic development, great changes take place in politics, economy and culture and public surveillance encounters many such problems as weak punitive, narrow applicable scope and inadequate supervision which lead to a low application rate in practices. In this essay, based on practices, the author makes a deep analysis on the present application situation of public surveillance, finds out existing problems and puts forward perfecting countermeasure and suggestion.the author in this essay elaborates its opinions from the following four aspects:Chapter one:a general analysis of public surveillance in China. On the basis of the old concept the author presents a completely new concept with reference to the revised penalty theory, points out such characteristics of public surveillance as light punitive, open and economic implementation and community correction.Chapter two:a comparison with penalties systems restraining freedom in foreign countries.The author conducts a general introduction of the penalties systems restraining freedom in some eastern European countries represented by the former Soviet Union and in some western countries like the England and the United States and makes a comparison between penalties restraining freedom in the foreign countries and public surveillance in China from the viewpoint of comparative law.Chapter three:research and analysis on present application situation in China. Statistical data of recent years show a low application rate of public surveillance without playing its unique part. There are two reasons for such a phenomenon:in the legislative aspect,except for its most obvious disadvantage of weak punitive, there are such problems as uncertain objects, narrow scope and inadequate security for execution; in the judicial aspect, due to the deep-rooted concept of severe punishment, it is difficult for the courts to apply and execute such a penalty. The establishment of community correction system in the newly revised criminal law without detailed rules also demonstrates the low application rate of public surveillance in judiciary.Chapter four:an analysis on the existence necessity of public surveillance. The author presents his opinion after an analysis on the defects of public surveillance that as an optional penalty restraining freedom, public surveillance should be further renewed and improved instead of being abolished.In 2011, the NPC didn’t adopt the issues to abolish public surveillance but to retained and improved it when revising criminal law, which fully demonstrates that public surveillance possess its unique value and existence necessity and it is irreplaceable. Public surveillance meets the requirements of mitigation in international community, the doctrine of penalty humanitarianism and economy and the requirements of harmonious socialist society construction.Chapter five:detailed institution concepts for the improvement of public surveillance in China. In the legislative aspect, punitive of public surveillance should be moderately strengthened and its application scope should be broadened. In the judicial aspect, supporting mechanism for the execution of public surveillance should be established, community correction organization structuring should be improved and community correction staff team construction should be enhanced.