The Plight And The Way Out Of The Commutation Procedure Of Procuratorial Supervision

Commutation process is an important part of the executor of penalty changes, but the traditional lawsuit idea based on judicial system background, the influence of factors with the pretrial and trial procedure, commutation procedure did not get supervision and in-depth research, therefore, the commutation process set up legislation consummation degree is not high, the standardization of the program is running change is not strong as punishment execution of weak links, and absence due to program theory of fuzzy and system, easy to cause corruption in the judicial practice, thus, the commutation process of procuratorial supervision effectively is imminent.At present, the commutation of the supervision work of principle, method, emphasis, review content, such as basic program has made some provisions. Procuratorial organs supervise commutation procedure, however, there are still many problems, such as the supervision object, supervision and punishment, supervision consequences need to be further improved. Commutation is need to guard a pass layer upon layer and approval, but relatively closed operation procedure, lack of social external supervision, perfect the procuratorial supervision mechanism, to effectively make up for the inadequacy of punishment execution system and other procedural regulations, to supervise the commutation, is the procuratorial organ to perform the function of legal supervision. penalty execution supervision does not reach its goal.and have to investigate. trial supervision is not implemented, lead to procuratorial organ to perform the functions of legal supervision system can not achieve the desired effect, and leave space for power rent-seeking. Procuratorial organs supervision mechanism of commutation needs to continue to improve, requested to cover the scope of their supervision process, trial, judgment, and synchronouslyPrevious studies more implementation of legal supervision, punishment is the most commonly elaboration to the execution of the legal supervision or change penalty execution of procuratorial supervision. Due to the change execution punishment generally include the commutation and parole, not in the prison. there are few scholars classified separately. And, in the eye of jurisprudence about the commutation procedure of procuratorial supervision, through the Chinese knowledge network retrieval will find much less. There are two luminous points in this paperon the topic, this paper takes commutation procedure of procuratorial supervision, more specific range of topics, only a study of commutation procedure of procuratorial supervision; In some ways, this paper, on the basis of legal theory, by analyzing commutation procedure of procuratorial supervision related procuratorial text, and raise the existing problems in the current commutation procedure of procuratorial supervision, and then puts forward the targeted Suggestions, for relatedTo sum up, the importance of this article is how to improve the procuratorial organ provide theoretical Suggestions for commutation process supervision, enriching the currently theories, and practical significance that under the existing system with smaller power changes in return for a larger system value and social value. Smaller power change also means that the enforceability, operability, system expected effect will be more easy to implement, solutions are more realistic foundation. Based on this understanding, this paper selected the commutation process of procuratorial supervision that a relatively smalla Angle are discussed. Procuratorial organs supervise commutation procedure, is advantageous in commutation process each link in accordance with the law, justice, and to strengthen the judicial credibility, to promote the creation of China’s rule of law.