Consummation On The Theory Of Temporary Execution Outside Prison System In Our Country

Temporary execution outside prison, refers to was sentenced to life imprisonment, imprisonment or criminal detention, having some special cases prescribed by law, the execution of sentences in inappropriate places such as prisons or detention, shall not be detained temporarily take a alternative execution method. The current temporary execution outside prison system formed in the 1970 s and 1980 s, in 1996, "Criminal Procedure Law" officially established this system down, and in 2012 our country on the "Code of Criminal Procedure" for the temporary execution outside prison system modifications. 2014 linking five departments issued a "temporary execution outside prison provides that" the scope of the temporary probation, conditions, procedures and responsibilities of various departments, cohesion and cooperation mechanism constraints made specific provisions, to make the existing temporaryProbation system perfected. However, the temporary execution outside prison system there are still many shortcomings, easily lead to judicial corruption, damage impartiality of the judiciary, the seriousness and authority, contrary to the humanitarian spirit of the penalty. Meanwhile, China has long jail sentence dominant influence judicial philosophy, criminals weak awareness of human rights protection, as well as insufficient efforts to help educate community corrections and other issues, the need in future legislation gradually improved. I hope based on the trial practice, from the perspective of human rights protection and humanitarian punishment of offenders, by the problems of the system of temporary execution outside prison, put forward a number of recommendations to improve the system of temporary execution outside prison.This paper describes the concept of temporary execution outside prison system, the basic characteristics similarities and differences, meaning, the development process; Secondly, based on our current judicial practice, and case and integrated data analysis, highlights of temporary execution outside prison system problems in theory and practice point of view, deletion from the conflict between the law, the legal liability of the guarantor, approval authority decides responsibilities are not clear, the offender does not regulate the transfer of program execution, the temporary custody of offenders difficult probation, community correction, saying the temporary execution outside prison supervision is not in place and so on, be cause analysis; Finally, the applicable conditions temporary execution outside prison through a unified, increase offender probation to apply temporary restrictions on provisions for the guarantor does not fulfill the legal responsibility to ensure that obligations to expand counted during temporary execution outside prison sentence of exceptions, people Court temporarily to exercise unified adjudication probation, probation system of rules execution temporarily to increase enforcement of Community Corrections, probation system temporarily to improve prosecutorial oversight to improve the system of temporary execution outside prison.