Research On The Judicial Corruption In The Practice Of Criminal Penalty Execution

In the judicial practice, on behalf of commutation, parole, temporary execution outside prison execution, the penalty for the changes appearing in the process of engaging in malpractices for personal gain, bartering and other acts of corruption in the judiciary has a serious impact on the defense of social fairness and justice, the corrosion of the purity of judicial organs. At present,judicial corruption of criminal penalty execution has become the realistic problem of our country that need to be solved. Therefore, this paper aims to analysis on the formation mechanism of criminal penalty execution in every link of the judicial corruption and explore governing the fundamental strategy of judicial corruption.In the process of commutation corruption, judicial personnel use the weakness of laws and regulations that are not perfect, the trial mode of court in written form and formalization and the Procuratorial lagged supervision, expanding the dominance of the prison in commutation cases, weakening the jurisdiction of the court and the supervision right of Procuratorate, leave legal space for wantonly extort money. So coming up the measures for the implementation of the commutation rules; setting up special commutation and parole tribunal; by means of Internet information to implement the procuratorate supervision mechanism have become effective measures to prevent judicial corruption of commutation.Law on parole provisions that are vague terms, scoring assessment lacking of standardization and prison arrogate power cause the chaos of the parole in judicial corruption.There is an effective solution to the current judicial corruption :introduction of recidivism prediction mechanism as a quantitative standard for "no crime risk assessment”;public penalty alteration execution work that are closely related to the criminals, so that more standardized assessment scoring rules; giving the offender to apply for parole.Because of the criminals medical implementation measures and medical paroleprovisions of the disability that are time lagged and uncoordinated, medical appraisal management is more chaotic and lacking of strong and effective management and supervision mechanisms, result in temporary execution outside prison judicial corruption serious. Modifying and improving medical parole of relevant laws and regulations, timely updating the scope of the disability, blocking the judicial corruption of the black box operation space, absorbing medical identification into the category of judicial authentication management and introduction of penalty system of discontinuation of execution are effective measures.