Font Size: a A A

On The Supervision Of Execution Of Punishment

Posted on:2016-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2296330482463571Subject:Law
Abstract/Summary:PDF Full Text Request
"Hide and seek", "drink boiling water" incident caused the social from all walks of life in prisons is highly concerned about the situation of human rights in the supervision of people.2013 commutation, parole and caused strong concern of social public, in 2014 the procuratorial organs in the nationwide development of commutation, parole and temporary execution outside prison execution cases the special prosecutor found some crimes criminals, especially with the special identity of the criminal, they reduce the punishment soon, parole, a high proportion of temporary execution outside prison, these was sentenced to the "right", "the rich", prisoners will soon be released from prison, and some are even after the verdict illegal directly for temporary execution outside prison, simply do not go to prison. These abnormal or even illegal, not only greatly damage the dignity and authority of the law, but also seriously affect the public’s understanding and evaluation of justice. Whenever the regulatory sites, it will cause social concern, and the supervision of the supervision department of the procuratorial organs, also inevitably implicated in which.This paper is divided into five parts, which are preface, supervision of penalty execution overview, penal execution supervision as well as the necessity and rationality of penalty execution supervision, the present situation and existing problems and improve the penalty execution supervision countermeasures and suggestions. Penal execution supervision is national security laws and unify the penalty for correct implementation, set up a has the guarantee legal system with Chinese characteristics. This system is to realize the purpose of penalty and guarantee the basic guarantee of the legitimate rights and interests of the criminal, safeguard judicial justice, an important guarantee of social stability.In the actual operation process, because of the lagging of the law, the special nature of the execution of the penalty, the penalty execution supervision, the new criminal procedure law still can not meet the legal requirements of the implementation of the supervision work, which may seriously restrict the implementation of the supervision work.The procuratorial supervision refers to supervision of people’s Procuratorate of prisons, detention centers and other places for carrying out the punishment is legal in accordance with the provisions of the legal supervision. Through the legal supervision to rectify the supervision of prisons and other places of law enforcement in the presence of problems and deviations, through investigation and prevention of job-related crimes to ensure the correct implementation of the laws and regulations, was to safeguard the legitimate rights and interests of supervision. Law enforcement and supervision work is a systematic project, with the law, regulations and judicial interpretation of the law enforcement supervision work has gradually stepped into a standardized track, but in the current situation, the first is to solve the problem and restrict the procuratorial organs of supervision work effectively carried out the system, mechanism obstacles, especially in the supervision of the procuratorial leadership system, the establishment of a set of monitoring procedures convenient, and can properly solve the problem of "heavy with light supervision", "send and not to, and not to observe" and other issues. This paper puts forward some ideas, which is based on the needs of the practice, and puts forward some thinking, its theoretical value is to be further tested in practice.
Keywords/Search Tags:Penalty execution detention, supervise, The prosecution of the prison, angle of view
PDF Full Text Request
Related items