Penalty Change Execution Procuratorial Supervision Research

In promoting the rule of law, further deepening the reform of the judicial backdrop, change execution punishment received more widespread social concern, to carry out effective procuratorial supervision became an important content of social expectation. This article in combing punishment in performing procuratorial supervision, basic characteristics and changes should highlight the main content, on the basis of analyzing the change penalty punishment execution and the implementation of the main problems in the procuratorial supervision, including: Caused by a lack of subjective understanding, Penalty change execution procuratorial supervision be edge; Due to the system design is not complete, change penalty execution procuratorial supervision cannot be effectively carried out; As a result of the balance of measures is not much, Penalty change execution procuratorial supervision difficult irregularities. It analyses the reasons of the supervision work does not reach the designated position, mainly is the current judicial system actually procuratorial organ rejection in the change of decision-making and execution of execution punishment, complex social environment objectively make change penalty execution procuratorial supervision does not enter the mainstream of "difficult".In learn from foreign change penalty punishments execution procuratorial supervision on the basis of practice experience, This paper argues that China should proper introduction of the concept of individualized reconstruction and humanitarian concept and the concept of economic cost, actively and effectively implement change penalty execution of procuratorial supervision reform, reform and improvement measures mainly include three aspects: one is to consummate the change penalty, punishments execution procuratorial supervision legislation, Vest procuratorial organs with including the change of penalty execution case investigation power, the change of counterappeal execution of penalty, the right to request and the decision;The second is to optimize the penalty change executing procuratorial supervision program,including to improve the supervision of the penalty change synchronization, like a hand to procuratorial supervision, in improving the change penalty execution of procuratorial supervision responsibility system, make the procuratorial supervision burden, in promotes change penalty execution procuratorial supervision ability, make the procuratorial supervision practical promising; Three is necessary to implement criminal law changes to the implementation of the reform of procuratorial supervision, including to strengthen the review of the penalty to change the implementation of the rule of law, to strengthen the penalty to change the implementation of investigating crimes related to.