Research On China's Control System

In the context of today's world of light punishment,many countries are actively exploring the theory of restricting free punishment and the judicial system innovation and widely used in practice.Control as a restrictive freedom with Chinese characteristics,from the liberation war period,and along with China's national conditions in the continuous development and changes,has experienced alienation period and high-speed development period,while control as China's only restrictions on freedom of their own unique,But the theoretical research on the control has been in a state of lack of,although some literature concerned about the control,but the system works very few.With the development of economy,society,culture and politics,there are many problems in the practice of justice,and there is a great controversy in the practice of discipline.The scholars who hold the view of governance have considered the history of survival and development Conditions are no longer exist,the existence of control damage to the scientific system of punishment,control in practice is difficult to achieve the purpose of punishment and transformation of crime,it should be abolished.The existence of the view that the existence of control is still in line with China's national conditions,the existence of control without prejudice to the scientific nature of our system of punishment,the existence of control in line with the purpose of the establishment of our penalties should be retained.At the same time,the mainstream view of academia is also inclined to be retained,and on the basis of the original control of the amendment.The state through a series of legislative activities also shows that the attitude of the abolition of the control and the academic community is consistent,the 1979 Criminal Law,the 1997 Criminal Law,the "Criminal Law Amendment VIII" in 2011 and the 2015 "Criminal Law Amendment IX" are in legislation The content of the control has been modified and improved.It can be seen that regulation as a restriction of free punishment can not be divested from the penalty system,and it is no longer necessary to dispute the entanglement and control.At the same time,it is necessary to realize that there are still some defects in the judicial practice,such as the weak punishment,the narrow scope of application and the narrowing of the subject,the lack of the implementation of the main body and the imbalance of the implementation of the subject,and the effect of the control in the judicial practice.Inadequate and targeted to make reasonable recommendations to improve,increase the mandatory labor system and the introduction of Yi Ke system to enhance the control of the punishment,to expand the scope of application of the control and object to enhance its scope in the practice of justice,enrich the implementation of human resources And broaden the channels of public participation in order to enhance the main body of the implementing agencies,giving the executive authorities adequate investigation powers,enforcement rights and the right to hunt to improve the implementation of the authority of the situation of imbalance.