Research On The Supervision Of The Execution Of Punishment In China

The execution of punishment refers to the activities that specialized agencies authorized by the state put the punishment determined by judicial decision into effect. Penal execution supervision refers to the legal supervision that People’s Procuratortate has on penalty executive organ’s execution on the activities about criminal judgment and verdict which have given legal force by People’s Court. According to the Article 129 of Constitution of the People’s Republic of China, People’s Procuratorate of the People’s Republic of China is State Organ for Legal Supervision, which fundamentally determines that in China, People’s Procuratorate is penalty execution supervision organ. From Chinese and foreign legal history, the theory of legal supervision, balance of power and human rights safeguarding set a firm theoretic foundation for penal execution supervision from different sides.At present, there exist several problems in penal execution supervision in China, for instance, execution supervision laws are not complete, the setting of execution supervision organs is inappropriate, the penalty execution delivery, alteration and process is hard to supervise, penalty execution supervision mode is too simple, which makes the mode and degree of every kinds of punishment execution not in place. The insufficient or even missing procuratorial organ’s supervision even forms some problems and dead angle, which will easily cause illegal infringement and executive deviation.The above-mentioned problems are not enough only with executive body’s correction and prevention. Under nation’s integrated planning, it should strengthen the legislation safeguard, establish perfect penalty execution supervision system, and focus on the function exertion of penal execution supervision and the innovation of supervisory mechanism. In practical terms, we should treat legislation as a guide, Standard construction of procuratorial organs as foundation, improved quality of prosecutors and establishment of responsibility as safeguard, thus strengthening supervision, promoting fair, civilizedand incorruptible law enforcement, ensuring that punishment is implemented correctly, correctly carrying out the national laws. In order to improve penalty execution supervision and legislation, we should strengthen procuratorial organs’ function of finding illegal acts, enhance penalty execution entities and procedure review and improve review mechanism. After making clear existing approaches of finding illegal behavior, we should also make intervention system at any time of procuratorial organ clear and definite to finally achieve the purpose of strengthening procuratorial organ’s function of correcting illegal behavior and preventing position crime. The construction of accredit standardizing the agencies, the perfection of inspection office’s institution setting, the improved position of relevant accredit procuratorial organs, equip sufficient staff, equipment, improved as well as necessary living allowances and special post allowance cannot leave the construction of corresponding work system and rating, the training of procuratorial personnel and the rise of their quality, so as to form and establish criminal execution supervision responsibility system.