Research On The System Of Procuratorial Supervision Of Commutation And Parole

The legal attributes,the commutation and parole prisoners is a "prison" punishment to non custodial penalty execution,changing the criminal prison term of imprisonment,location and serving way,the criminals of the legitimate rights and interests of great influence,is also prone to money,in the judicial practice the problem of judicial corruption,the higher degree of social concern,the smooth implementation of various supervision should be introduced into the system to guarantee the commutation and parole work;especially the commutation parole form the procuratorial supervision system,to provide institutional support for the important work of procuratorial organs to carry out commutation and parole supervision,to ensure the execution of punishment justice,fairness and openness,commutation and parole criminal judgment whether get a complete,scientific and standardized implementation of supervision,to play a role in protection of reality.The commutation and parole procuratorial supervision system itself is lack of legal provisions and unknown devices,coupled with the multiple,weak supervision power and other factors,caused by commutation and parole procuratorial supervision system in the actual execution of the supervision effect is not strong,simple,authoritative supervision needs to be strengthened and supervision procedures need to be improved and the mode of supervision,randomicity and other problems that affects the commutation and parole procuratorial supervision work.This article mainly focuses on the formation of the procuratorial supervision system of commutation and parole,the theoretical basis and the existing problems,and puts forward.the way to perfect the procuratorial supervision system of commutation and parole in China,which is divided into four parts.First of all,this paper from the commutation and parole historical development,longitudinal horizontal supervision laws and regulations and the procuratorial organ to carry out commutation and parole procuratorial achievements,discusses the formation of procuratorial supervision system of legal basis and practical basis and then combined with the commutation and parole;procuratorial function theory,human rights theory,the theory of power restriction,discusses the theory of commutation based on the procuratorial supervision system.The second part of this paper introduces the characteristics and functions of the system of prosecutorial supervision on commutation and parole.Commutation and parole procuratorial supervision system characteristic is mainly reflected in the specific subject of the procuratorial supervision,procuratorial supervision,supervision of procuratorial supervision procedure;commutation and parole function procuratorial supervision system is conducive to the realization of the purpose of punishment,to guarantee the realization of substantive justice,procedural justice,which is conducive to control the commutation and parole right,let according to the law of education reform,executive management assessment,let the court to a fair ruling,let offenders feel fair,the maintenance of law and justice.The third part,the main problems in China according to the commutation and parole system of procuratorial supervision legislation and supervision mode is single and lack of procedural safeguards,analyzes five major reasons why the supervision effect is not ideal:the procuratorial power of understanding insufficiency and procuratorial organs supervision authority needs to be strengthened,not enough emphasis on prisoners rights protection is not enough,on the rights of the victims of the attention on the operation of the administrative power.The fourth part of the thesis,mainly put forward the method of perfecting parole procuratorial supervision system:proposed the establishment of "parole law",from the top to make laws to regulate the commutation and parole work,enhance the operability and binding force of procuratorial supervision;procuratorial organs play two-way supervision for commutation and parole cases,the mode of supervision the implementation of procuratorial suggestions and corrective and protest,strengthen the commutation and parole supervision effect;the paper also establish procedures of commutation and parole supervision system to ensure the effective implementation of the normalization,commutation and parole supervision;strengthen the supervision power of procuratorial organs integration,procuratorial supervision team construction of commutation and parole,commutation and parole supervision work together in the form of procuratorial organs inside,increase the commutation and parole duty crime investigation and prevention efforts are discussed.