| The execution of penalty is an important part in the operation of criminal law,and the effect of its enforcement has important influence on criminal legislation and judicature.The purpose of punishment is experienced by the development of education after the retribution punishment,pay more attention to how to change and educate criminal through the execution of penalty,gradually reduce the personal risk,and make it through the transformation to re integrate into society.Generally speaking,China's current system of the implementation of free punishment lacks the necessary transitional stage.The criminal penalty is finished directly from the closed prison was released into the completely free society,no process to gradually adapt to the society,which tends to make a criminal who can not integrate into society and choose to commit a crime again.This paper advocates the establishment of gradient free punishment execution system,free punishment execution follow a process from heavy to light,so that the perpetrators is deprived of liberty state to restrict freedom,until completely free into a state of society.The effect of this kind of implementation is completely accord with the human's feeling experience,which can make the criminal.do not get out of touch with the society after the execution of the penalty,so as to achieve the purpose of re-socialization.Through the establishment of the gradient of the free punishment execution system,expanding the scope of the parole system,generally implemented in the final stages of execution of freedom penalty is the parole system,as a transitional stage in prison and free state,and according to the severity of the criminals and the modification of performance to determine the applicable time and period of parole.On the one hand,enable the criminal to gradually regain his freedom and strive for an early return to society;on the other hand,to supervise the investigation of criminal crime,if people do not comply with regulatory requirements during the probation period,or the implementation of the new criminal acts,it retains the possibility continuing him detention,the dual purpose of protecting human rights and preventing crime is realized effectively.The mitigation of punishment has become a trend in the development of criminal law in the world,and it is the inevitable requirement of the opening and socialization of penalty execution,therefore,it is necessary for us to carry out some open punishment system.Through the improvement of classification of the prison system,the crime severity of different criminal detention by classification,and the criminals after transformation from heavy penalty prison gradually transition to the light punishment of prison,the prison environment can be gradually improved,to create conditions to return to the society.Increase the"can" parole revocation provisions,given certain discretion to judges,to find leaks the crime,criminals crime and violation of regulatory requirements in the test period,to decide whether the parole revocation decision according to the nature and degree of harm behavior.Crime of leakage crime and recidivism crime both expressed personal danger is different,if the crime can seriously comply with the provisions in the test period,the positive transformation,is enough to show that the personal risk is reduced.Therefore,even if the discovery of the crime can not completely ignore the criminal during the test and the performance of the reform of the negative.China's "criminal law amendment(nine)" for imprisonment and detention punishment,take the absorption principle,the number of crimes that have been sentenced to imprisonment and detention,execution of imprisonment,detention is not executed.In the test period for the crime of leaking sentenced to criminal detention(leakage crime does not exceed the limitations),even if the parole revocation of the original penalty will not affect,therefore,can be considered by extending the parole period of punishment of omitted crime,instead of revocation of parole.Perfect and strengthen the content of community correction,with the continuous development of socialization,the role of community corrections is gradually highlights,China has been sentenced to control,probation and criminals on parole shall be subject to community correction,but in reality the correction effect is not ideal.Perfect the organization,grass-roots community correction personnel,correction correction content,through the establishment of specialized institutions,lay the foundation for the offender,and actively absorb social some educators,social workers,college graduates entering the correctional institutions,enrich the community correction personnel,to provide more diversified and relief activities for crime people.At the same time,the content of the supervision and restriction of the offender in the rectification period should be reduced gradually from the complex to the simple,so as to help the criminal to adapt to the normal social life and achieve the purpose of re-socialization. |
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