On The Procuratorial Supervision System Of The Execution Of The Property Punishment In Our Country

Implementing and supervising property penalty is the new function of procuratorial organs, authorized by the revised "Criminal Procedure Law". Since the birth of this function, property penalty has been correctly applied to a large extent. However, its usage in the judicial practice is far from reaching the legislative goal. As regard to cases related to property punishment in Huangshan City since 2013, 1840 people have been sentenced to this punishment, while only 259 have completed it, taking 14.1% of the total number. This figure indicates that the implementation of property punishment is not satisfactory and procuratorial organs have not fulfilled their expected role in the field of property punishment. In January 2015, the Prisons and Reformatories Procuratorial Department of the Supreme People's Procuratorate formally changed its name to the prosecutor's office of criminal enforcement, which is not only a change of name, but also an extension and strengthening of the function of procuratorial departments. Besides supervising the activities traditional prisons, detention centers, community corrections agencies, criminal execution procuratorial departments should actively explore other functions like supervising the implementation of property punishment and compulsory medical. The procuratorial organs especially the procuratorial supervision departments (the Department of criminal execution) should effectively perform the function of procuratorial supervision of criminal property, which is not only the theoretical need to perform the functions endowed by the Constitution and the law, but also the practical need of applying penalties. This paper, divided into four parts, generally pointed out the problems existing in the current judicial practice about implementing and supervising property penalty, and put forward some advices to perfect China's property punishment execution procuratorial supervision mechanism.The first part of this paper mainly introduces the basic theory of the implementation of inspection and supervision of property punishment, property punishment and the property punishment; the second part mainly expounds the implementation of criminal property necessity and legal basis of procuratorial supervision; the third part, based on the status of Huangshan City Procuratorate upon property punishment points out the widespread problems of implementing property penalty, and analyses the current situation and corresponding reasons of property punishment execution and supervision two aspects, namely the implementation fine penalty and property penalty; the fourth part, combined with the author's own judicial practice experience, put forward some preliminary suggestions upon perfecting the tentative execution procuratorial supervision mechanism of property punishment in China from the concept of supervision, legal norms the judicial system and working mechanism, seeking to establish a strict and effective mechanism to achieve effective supervision concerning the implementation of property penalty.