Research On The Implementation System Of Non-custodial Sentences In China

With the progress of the penalty concept and execution, non-custodial punishment system in the growing worldwide has drawn worldwide attention. The non-custodial sentence is relative to a sentence of imprisonment, not imprisonment, the more playful the penalty to the offenders. Education correction Humility thought to reflect the penalty, the penalty functions, it has the advantage of a sentence of imprisonment can not be compared. Emphasis on lack of supervision in place of the non-custodial punishment system in China is still in its infancy, there is inadequate legislation, judicial practice, leading to a sentence of imprisonment the execution poor, affecting the play of the penalty function. The correct implementation of the protection of non-custodial sentence, to maintain the dignity and authority of the penalty, to achieve the purpose of punishing crimes, protect the people, an urgent need to strengthen the enforcement regime of the non-custodial sentence as soon as possible, and to promote the development of the Criminal Procedure Law in this area and progress.This article is divided into four parts:the first part of the basic theory of the non-custodial sentence, including the concept of non-custodial sentence, the ideological basis of the non-custodial sentence, the non-custodial sentence execution characteristics and rationalize the implementation of significance; second part is the introduction of non-custodial sentence the status of implementation, the depth analysis of the reasons behind the thought behind the reform measures to pave the way; the third part focuses on the idea of the author of the reform and improve China's non-custodial sentence execution system, the specific content including the non-custodial sentence execution system, the implementation of the control system, property system of punishment, non-custodial sentence inspection and supervision system, as well as other related systems improve, this part is the central element of the full text. The last part is sui generis systems for the implementation of the non-custodial sentence for minors elaborated on the basis of the previous discourse, thematic analysis of the special principle of this particular field, special system, insist on the universality and particularity of contradiction unity.