Penalty Execution Supervision Mechanism Change Research

Penal change implementation supervision refers to a kind of criminal supervision activity implemented by procuratorial organs in accordance with the statutory procedures and responsibilities,which mainly conducts supervision over specific penalties for the implementation process and content adjustment.This kind of supervision has great influence on criminal penalty seriousness,prisoners' reforming attitude and China's judicial fairness.The activity is in the charge of procuratorial organs and it is the duty requirement of procuratorial organs.It plays an irreplaceable role in ensuring the effective functioning of penalty,promoting the education and reform of prisoners and upholding the human rights of prisoner.It is both the duty of procuratorial organs and the requirement of current situation to reinforce the supervision over penal change implementation.Current legislation is based on the authority of procuratorial organs and several problems should be and have been found,including disunity of legislation on the concrete content of penal change implementation supervision,untimeliness of legislative regulation of penal change implementation supervision,which needs renovating and modifying and asynchronous supervision of penal change implementation,which impedes system guarantee.To solve these problems,practical analysis and theoreticalresearch have been conducted and several improving suggestions have been put forward.First,from the perspective of legislative regulation,perfect commutation and parole hearing system hearing mention rights of procuratorial organs,establish counter appeal rights to commute a sentence and order to release on parole,set up penal change implementation supervision avoidance system,empower procuratorial organs to commute a sentence,order to release on parole and medical parole and empower procuratorial organs to interfere in the supervision and investigation of penal change implementation.Second,from the perspective of constraining power,extend the judicial power of the procuratorial organs,improve the effectiveness of exercising right,regard the prevention of criminal penalties in the change as an important breakthrough,strengthen the prevention power,avoid inefficient supervision of the formalization of oversight mechanisms to ensure the reinforcement of procuratorial power.Third,improve the implementation of supervision from the perspective of strengthening the implementation of supervision and punishment,including the supervision of commutation of commutation and parole,as well as the supervision of the execution of the procedure.Specifically speaking,only procuratorial organs have right to set up a hearing system and guarantee the prosecution right of hearing;counter appeal rights serve as an important supervising method to avoid oversight of the impartiality andtransparency of the prosecution;the right of examination and procuratorial power shall be fully guaranteed,and the right of examination and reduction of parole,parole and medical insurance shall be entrusted with the supervision of the change of penalty from all aspects and the supervision and investigation procedure may be started when necessary.