Research On The Problem Of Public Surveillance

As a kind of restriction of freedom punishment,which was created by our country, the control punishment is in line with the trend that penalty gradually moves toward civilization and mild. However, it is also an indisputable fact that the control punishment has been neglected for a long time in criminal judicial practice.Dispute over the abolition of the public surveillance from the eighty or ninety’s of last century has been continuing. By means of modifying the provisions of the relevant regulations in the criminal code of criminal law,legislators retained the control punishment.It is only a means to keep the control penalty, to improve the application rate of the judicial practice, and to exert its unique value is the ultimate goal.Therefore,we must from three aspects,that is legislation,jurisdiction and execution to inspect the control punishment to explore the factors that affect the further application of the control punishment in the process of judicial adjudication,and on this basis,put forward the corresponding suggestions to the improvement of the control punishment, in order to promote the development and the value of the control punishment.In addition to the introduction and conclusion, this paper is divided into three chapters.The first chapter is the introduction of the value and function of the control punishment. The control punishment as the only restriction of freedom penalty in China, conform to the development trend of the world’s penalty mitigation and consistent with the justice of punishment and the idea of economy.,has a strong theoretical support. At the same time, the control punishment reflects the function of punishment and education,which coincides with the philosophy of education punishment advocated by helping criminals smooth return society. From a higher perspective on the value and function of the control punishment not only has a better understanding of the control punishment but also hope to promote the improvement of the application rate of control.The second chapter is the application of the control punishment. Aiming at the current situation of the low application rate of the control punishment, the unclear provisions of the applicable object,the narrow scope of application, punitive deficiency and the harsh sentences of ideas are always contributed to the main reasons by existing discussion, while the confusion between the control punishment and probation, the occupying space which the large application of probation carried on control punishment, and the combined punishment with other principal penalty do not get solved are rarely mentioned. The unclear provisions of the applicable object can be solved by the theoretical explanation of the legislation and the exploratory practice. However, the blind requirement to expand the scope of public punishment is not the fundamental solution to improve the suitability of public punishment. The limitation of punishment coincides with the public punishment as the lightest punishment in the principal penalty. Only when the judiciary get rid of the superstition of the severe-penalty doctrine can they practically improve the control punishment applicable rate. Probation as a penalty execution method is not an independent penalty. Replacing public surveillance with probation is not advisable.Highlight differences and perform its own functions is the right way to deal with the relationship between them.The law, Amendment to the Criminal Law of nine, makes clear stipulation between the control punishment combined with criminal detention and fixed-term imprisonment. Whereas, the compromise position which adopted by legislation can result in the encouragement of crime and reinforce of severe penalty. Also, the compromise attitude of legislation will cause the deviation from defender’s duties and reserve space for judicial corruption.The third chapter is the execution of the control punishment. Community correction, as a new execution method of the control punishment, has brought new opportunities for the improvement of the application rate of the control penalty. However, the experimental characteristics of the community correction system itself has brought difficulties to the actual operation. To develop special community correction law and perfect the relevant supporting measures are core actions to improve the community corrections system, but do not have to rush to a moment. We should follow the legislative rule when the conditions are ripe to consider. Under the current system framework, the judicial administrative organs should perform their duties actively as the main body of community correction execution. They can sign the internship agreement with related professional in local college. In this way, students selected by the school who are equipped with excellent professional qualities can participation in community correction work. This action can not only compensate for the insufficient number of professionals but also enhance the students’ practical ability. For the community correction of the prisoner under public surveillance, public service as a measure that restricts personal freedom, should be added to the duration of the community correction as an obligation, which shows the punitive character of the public surveillance. Moreover, the public service which specified in the criminal basic law should meet the requirements of the rule of law by modifying the legislation. The lack of punishment measures directly influences the application of public surveillance and public become to query the effect of the community correction. Establishing the exchange penalty system between control punishment and imprisonment and imposing necessary punishment to the offenders who violated the obligation during the community correction will help strengthen the deterrence of public surveillance as well as be a necessary protection measures to improve the application rate of the control punishment.