The Study Of Custodial Penalty Improper Alteration's Reason And It's Solutions

Custodial penalty and non-custodial penalty are two punishments to criminals in China.The penalty of control is beyond the scope of research,because of its nature,also because the relevant event has not been found by the author.The procuratorate work report meeting reveals the phenomenon of custodial penalty improper alteration is serious every year at,via the digital image.At the same time,a good legal environment have a long way to go.Through on-the-spot investigation and the network study,the author collect a large amount of data on the basis of existing research,hereby analysis a series of problems in legislation/law enforcement/ judicial.Further discusses some measures in necessary in order to provide a reference in reducing improper commutation / parole in our country.The paper includes about 26000 words in full,the following three parts constitute the subject:The first part: the actuality and harm of custodial penalty improper alteration.The role of this department is to reveal the serious judicial situation in present.By analysis,87% improper change happens because of prison,Accordingly 13% because of court.The second part: the reason of custodial penalty improper alteration.In this section,the imperfect legislation/the malicious use of legal loophole /judicial corruption/inadequate supervision of legal supervision organs and so on is all of the problem.The third part: the measures to solve above problem.This part is correspond to the second part.The author consider :1.To reduce imprisonment improper changes,on the one hand,reducing corruption,strengthen the cultivation of government agencies.more important is exposing.Sunlight is the best preservative,every phases of imprisonment should be open.Such as the enforcement authorities public the basic information of victims inside the prison,when received different opinions,investigate and verification via institution,at the same time introduce the supervisors to supervise prison.2.Set a period of time to receipt the objection after adjudication.the objection happens in this time,the effectiveness should break down,the effectiveness take effect or failure rest with the result;if no investigation,set a test period because of the phenomenon--the criminal reconstruct the change after the penalty.