Research On The Reform Of The Stationed Procuratorial System For Prisons

The People's Procuratorate has the power to supervise the prisons,and set up Criminal Execution Procuratorial department to supervise the prisons,detention centers.The stationed procuratorial are the most important mode of prison prosecution,and play a important role in supervising penalty execution change,daily regulatory activities in prisons.However,Prosecutor "assimilation" phenomenon is serious in practice,the number of Prosecutor is few,and often caught in the daily affairs,the daily supervision of the prison Flowing in form.This paper specializes in the investigation of the stationed procuratorial system,including the reform of the stationed procuratorial,present situation,problems,and how to improve the system.This article consists of six parts,about twenty-five thousand words.In the first part,Summary of the stationed procuratorial system.The stationed procuratorial system is establishing due to the regularization,institutionalization and standardization of the prison supervision,it was established in 1957 and was rebuilt in 1978.The stationed procuratorial responsibility cover the supervision of the penalty execution change,the daily supervision activities,and investigate duty crimes of supervisors.The Supreme People's Procuratorate provides the regulations assigned to the stationed procuratorial,in practice,the Chongqing People's Procuratorateon is more specific,easy to carry out.first part of the article,mainly analyzes the historical evolution of the stationed procuratorial system,and the scope of the responsibility of the procuratorial organs.The stationed procuratorial system is establishing due to the regularization,institutionalization and standardization of the prison supervision.Its responsibility cover the supervision of the penalty execution change,the daily supervision activities,and investigate duty crimes of supervisors.At the end of the first part,comparing the regulations of the Supreme People's Procuratorate and Chongqing People's Procuratorateon on the responsibility of the stationed procuratorial,the latter is more specific,easy to carry out.The second part,the reform of supervision process of the penalty execution Change.The main task of the stationed procuratorial is to supervise of the penalty execution change.Currently,a lots of regulations of the Supreme People's Procuratorate on the commutation,parole,temporary service outside prison,and the stationed procuratorial basically achieved synchronous supervision in practice,and the implementation of the temporary service outside of prison basically achieved supervision of everyone.But there are still problems such as the lag of the supervision,the lack of initiative,the lack of awareness of the organs,and the strengthening of the penalty execution change supervision,in order to better guarantee the right to the penalty can be achieved.In the second part of the article,mainly analysis of the stationed procuratorial supervision of penalty execution change.On the basis of analyzing the regulations of the Supreme People's Procuratorate on the commutation,parole,temporary service outside prison,analyzing the operation and the process of the penalty execution change in the light of the information collected in practice.The stationed procuratorial has basically achieved the synchronous supervision of “Commutation,Parole,Temporary service outside prison ” cases,but there are still problems such as the lag of the supervision,the lack of initiative,the lack of awareness of the organs,and the strengthening of the penalty execution change supervision,in order to better guarantee the right to the penalty can be achieved.The third part,the reform of prison supervision activities.The supervision of the daily regulatory activities mainly includes accident prosecution,confinement prosecution,prison administration,and educational reform,Which is the most significant impact and timely intervention to supervise the incident.In the supervision of daily regulatory activities,there are problems such as lack of supervision,lack of initiative,lack of emergency mechanism,lack of social forces to participate in supervision,etc.It need to enhance the presence of Prosecutors' awareness,prevention awareness,establish a normal link and emergency mechanism with prison,Introduced social forces to participate in order to enhance the effectiveness of supervision.In the third part of the article,mainly elaborated on the stationed procuratorial how to supervise the daily regulatory activities of prison.The supervision of the daily regulatory activities mainly includes accident prosecution,confinement prosecution,prison administration,and educational reform.This paper mainly analyzes how the prosecutors in the practice are involved in dealing with emergencies.In the supervision of daily regulatory activities,there are problems such as lack of supervision,lack of initiative,lack of emergency mechanism,lack of social forces to participate in supervision,etc.It need to enhance the presence of Prosecutors' awareness,prevention awareness,establish a normal link and emergency mechanism with prison,Introduced social forces to participate in order to enhance the effectiveness of supervision.The fourth part,Reform of the mode of exercise of prison procuratorial power.The exercise of prison prosecution is a means of achieving prison supervision,and it's can be divided into daily supervision means and special supervision means.The implementation of the procuratorial power is mainly through the provision of oral corrections,correcting the illegal,prosecution proposals,etc,but in practice there are fewer formal instruments,lack of legal effect,oral recommendations lack of follow-up supervision,It's need to enhance the effectiveness of supervision means,implement the daily supervision means of investigation and reasoning system,in order to better play the role of the stationed procuratorial.The fourth part of the article,mainly analysis of the stationed procuratorial how to achieve the effectiveness of supervision.The implementation of the procuratorial power is mainly through the provision of oral corrections,correcting the illegal,prosecution proposals,etc.,but in practice there are fewer formal instruments,lack of legal effect,oral recommendations lack of follow-up supervision,It's need to enhance the effectiveness of supervision means,implement the daily supervision means of investigation and reasoning system,in order to better play the role of the stationed procuratorial.The fifth part,reform of investigation mechanism of duty Crime in Supervisors.The investigation of duty crime as a special means to carry out,It's emphasized in 2015 by the Supreme People's Procuratorate,but in practice there is a lack of investigation,the scope of investigation to expand,It's need to carry out the prevention of duty crime,Improve the prosecutors' right of investigation,establish the disciplinary power of the illegal supervisors to strengthen the power of the duty crime,in order to enhance the protection of human rights of criminals.The sixth part,The Implementation tactics of the reform of stationed procuratorial system in China.Although our country was carried out a series of reforms in the stationed procuratorial system,in practice found there are still some problems.In order to better facilitate the prosecutors to play a supervisory role,implement the effectiveness of prison prosecution,It's should be improved from the following aspects: a clear focus on the supervision of the stationed procuratorial,strengthen the standardization of supervision process,reform the contact mechanism between the stationed procuratorial and prisons.