Research On The Prosecutorial Supervision To Duty Criminal’s Penal Change

The prosecutorial supervision to penal change is an important part of penal system, is also an major security to do every criminal justice in penal system,and to safeguard their legitimate rights. For the most part, the altered system of criminal punishment mainly have three basic forms: commutation, parole,temporary service outside prison. Some special group, especially duty criminal, often want to get better treatment by using their past influence,this is unequal and easy to breed corruption.In order to promote the prosecutorial supervision to duty criminal’s penal change, based on the present situation of prosecutorial supervision, after analyzing national conditions and present situation of rule by law, so make rational proposal.The main text is divided into five parts, the first part sums up the main characteristics and functions of the duty criminal’s prosecutorial supervision, and analyzes several basic questions about the altered system of criminal punishment, then refined it from broad sense and narrow sense.In this part,the writer tells the characteristic of the prosecutorial supervision to penal change: legal and obligatory, gives its theoretical basis of existence and value base.The second part summarizes the present of our prosecutorial supervision to the altered system of criminal punishment, legislation and judicial respectively, and from the three aspects of the primary means of illegal commutation parole temporary execution outside prison taken, briefed legislative, and judicial status quo has been studied.The third part researches the issues and reasons of our prosecutorial supervision to the altered system of criminal punishment,its imperfect legislation, and other issues related system is not perfect, this is not only reason for legislation, but also reasons of prison: the certain discretion、overemphasize scoring、extensive position management and so on,there are some reasons, such as lack of security awareness 、 structural establishment and personnel deficiencies 、 inadequate investigation.The forth part researches the foreign related system, presents the detailed information aboutsome countries: French, which representative Continental Legal System; American, whichrepresentative Anglo-American Legal System and so on. From analyzing the scope ofsupervision、prosecutorial eight、supervision approach and supervisory body, the author pointsout its references for us.The fifth part is the key and the innovation of this article, the author makes a targeted analysis based on the previous studies about the improvement of prosecutorial supervision to duty criminal’s penal change in our country, and from four large aspects : perfect law system 、strengthen self-construction、sound prosecutorial supervision mechanism, and so on,and give a finely image to us.