Research On The Legislation Perfection Of Prosecutorial Supervision Temporary Service Outside Prison

Temporary service outside prison system is a humanitarian penalty execution system in criminal law in our country,and also an altered way of criminal punishment.Because of its special implemented methods and humanized system itself,it's easy to breed corruption and illegal phenomenon in practice.Compared with other punishment execution mode,temporary service outside prison appeals those criminals irresistibly who have been sentenced.As a result of yearning for freedom and the resistance to punishment,they try every way possible to evade punishment or get a reduced sentence without respect to the result.In addition,in the process of temporary service outside prison system,it has exist irregularities more or less caused by staff no matter in the application authority or the approving authority.As the community correctional institution of the Statutory authority of temporary service outside prison,also existing many problems in supervision of the criminals regarding to temporary service outside prison.For the certain conditions execute the criminals temporary service outside prison.It is not an indulgence of criminals,or a violation of the majesty of the law,but a humanitarian concern permitted by law.It is inevitable that the non-standard service outside prison will affect the judicial authority and hinder the process of the rules of law in China.Therefore,it is urgent to perfect the prosecutorial supervision system of temporary service outside the prison,so as to make the good system return to its standard.The main text of this paper is divided into five chapters.The first chapter describes an overview of prosecutorial supervision system of temporary service outside the prison and further elaborates its basic theories and value analysis.The second chapter analyzes the problems existing in China's temporary execution of procuratorial supervision,and points out the problems existing in different procedures at different stages,which taking the process of running the temporary execution system as the main line.The third chapter makes a detailed analysis of the problems and reasons exist in their occurrence.This chapter is divided into two parts.The first part starts with the defects in thesystem of temporary supervision of the execution of procuratorial supervision outside prison,analyzing the deficiencies of the system at the legislative level.The second part focuses on the shortcomings in the execution of procuratorial supervision for temporary execution outside prison,and analyzes the reasons for the poor effectiveness of procuratorial supervision,and analyzes the deficiencies of the procuratorial organs that bear the temporary responsibility for procuratorial supervision outside prison in accordance with the law in terms of institutional setting,staffing,and legal literacy of procuratorial personnel.The fourth chapter makes a detailed analysis and comparison of the current situation of the legislation of temporary supervision outside of prison.First,it analyzes the development of the system in our country from the vertical angle.The second is to study from the horizontal point of view,understanding whether there is the same or similar system of temporary supervision and supervision outside prison in foreign countries.After analyzing and comparing,we try to find out the inspiration for the execution of procuratorial supervision legislation on temporary supervision and supervision outside prison in our country through foreign legislation.The last chapter is the finishing point of this article.On the basis of the analysis and research in the previous chapters,it targets to improve the legislation and mechanism in the operation of the temporary execution system outside prison,and strengthen the self-construction of procuratorial organs.The author tries to perfect the procuratorial supervision system of China's temporary execution outside prison.In particular,in the second subsection of this chapter,it puts forward four legislative measures to improve the mechanism of simultaneous procuratorial supervision.It contains establish an integrated supervision network,establish and improve the publicity(announcement)and hearing mechanisms,and introduce victim supervision systems that meet China's National conditions and the needs of specific judicial practice.All these are for the purpose of trying to perfect the procuratorial supervision mechanism in the opera.