Study On Probation Prosecutorial Supervision System In China Temporary

Temporary execution outside prison system is a manifestation of a humane penal system of punishment execution mode changes, maintaining the basic human dignity of the offender, the implementation of the criminal policy of combining punishment with leniency, maintaining the authority of criminal justice. But in recent years, temporary execution outside prison in "trading power for money" and "redeeming money" and other criminal acts become increasingly rampant. In this context, the 2012 Criminal Procedure Law clearly eligible to apply temporary probation offenders to determine the admission criteria probation officers and prison terms, the provisions of the temporary execution outside prison authorities and the enforcement authorities of the decision on the temporary to implement synchronization probation supervision. But the design of the system is relatively general legislative careless, temporary execution outside prison judicial practice, there are still many problems need reflection.Procuratorial supervision probation for perspective, using empirical analysis,comparative analysis, qualitative analysis and other research methods, by examining the legislative, judicial situation, identify problems and their causes, and finally put forward countermeasures. This thesis consists of four parts: The first part is related to temporary execution outside prison procuratorial supervision system overview, including related concepts, basic features, reality-based, theory, etc.; the second part of the temporary status of probation Procuratorial Supervision System and defect analysis; the third part is a typical country conducting research related systems, summarizes the advantages and benefit from the system; the fourth part is to improve the supervision of temporary execution outside prison procuratorial proposals to construct temporary execution outside prison prosecutorial supervision supporting systems system.Effective exercise of prosecutorial supervision and control of the fundamentalprocedural safeguards system and the whole dynamic monitoring mechanism, improve the current approval process for the review debate probation review process. Reference extraterritorial related systems design, courts, prisons, police, community correction agencies and prosecutors as organ involvement, empowerment of their respective participation in the trial, to attend the meeting, to ensure full use of the court after the parties involved in the debate on effective material bodies full review the center referee.Reform of the current supervision synchronization mechanisms, systems design and implementation of standards and procedures to improve various aspects of each subject,give the corresponding Procuratorate investigation powers granted to perpetrators enjoy petitions, complaints, the report claimed. Procuratorates to exercise prosecutorial supervision according to law, safeguard the legitimate rights of our stakeholders, fair and objective oversight to make comments.