Research On The Procuratorial Supervision Over Temporary Execution Outside Prison

Procuratorial supervision on temporary execution outside prison is an importantmanifestation that procuratorial organs exercise the right of supervision lawfully, and isan indispensable part of legal supervision work, and is one of core contents ofprocuratorial supervision samely. The newly judicial system reform has put forwardclearly that procuratorial organs should strengthen the supervision over litigationactivities. The code of criminal procedure in2012makes some changes aboutprocuratorial supervision on temporary execution outside prison and gives procuratorialorgans synchronization supervision power, which is not only the legal recognition tosynchronization supervision at present, but also the huge progress in the course of ourlaw. This revision strengthens and upgrades the function of legal supervision, especiallyfor the procuratorial supervision work. The revision is not only increasing power, butalso increasing responsibility. Similarly it is both opportunity and challenge. Comparedwith the past, although the criminal procedure law achieves great progress after bigchanges, it’s not perfect. Execution supervision, especially the supervision on temporaryexecution outside prison, still has some problems to be solved, which has room forimprovement likely. Therefore, according to practical experience personally, the authorstudies related academic works, expecting further study and research on it.In addition to the introduction and conclusion, the text is divided into four parts,and about thirty thousand words.In the first part, about procuratorial supervision on temporary execution outsideprison, the author analyses its concept, historical development and theoretical basis.Firstly, according to the revised criminal procedure law, the concept of procuratorialsupervision on temporary execution outside prison followed by the concept oftemporary execution outside prison. Secondly, the author explores the historicaldevelopment of procuratorial supervision on temporary execution outside prisonthrough vertical and horizontal comparison. On one hand, several changes of criminalprocedure law are compared and analyzed, on the other hand, the author explores thesimilarities and differences between home and abroad by the introduction of foreignrelated systems. Finally, the author demonstrates the theoretical justification ofprocuratorial supervision on temporary execution outside prison from three litigation values, from which highlights the substantive and procedural meanings of procuratorialsupervision on temporary execution outside prison.In the second part, the author makes empirical analysis on procuratorialsupervision on temporary execution outside prison. The relevant data from personalexperience are summarized, though limited in scope, these data have reference of valueand analysis of value. In this part, the author introduces temporary execution outsideprison about L County, H Province first of all, then analyses procuratorial supervisionon temporary execution outside prison at present with the help of data, from whichbrings about the realistic necessity to strengthen procuratorial supervision on temporaryexecution outside prison.In the third part, based on the study of related academic works, the authorsummarizes the problems existing in supervision legislation and supervision practiceaccording to criminal legislation and judicial status. Specifically, the author divides intotwo parts: at the legislative level, the author analyses and demonstrates it from thesupervision range, deadline, method, and procedure. At law enforcement level, theauthor analyses and demonstrates problems in supervision practice from staffing,consciousness, reviewing method and so on.In the fourth part, the text puts forwards countermeasures aiming at the problems.Facing the problems of legislation, the author makes up for the deficiency ofprocuratorial supervision on temporary execution outside prison by changing legislationand finding vulnerabilities in order to instruct the judicial practice better. Facing theproblems of practice, the author improves the effectiveness of procuratorial supervisionon temporary execution outside prison by self-constructing, updating the philosophy oflaw enforcement, governing the supervision behavior and implementing supervisionresponsibility. In addition, the author envisages reasonably two mechanisms that called“information-sharing” and “post-exchanging” for seamless supervision process.