Research On The Implementation Of Prosecutorial Supervision Of Property Punishment

Property-oriented penalties are an integral part of China's criminal penalty system.As social economy develops rapidly,out of the need for cracking down on profit-seeking crimes,China's criminal law applies property-oriented penalties on a larger scale and in more cases.In judicial practice,however,these penalties are executed without efficiency,standardization and legal supervision,which greatly impairs the authoritativeness of criminal sentences.The Rules of the People's Procuratorates concerning Criminal Procedure as amended empower the procuratorial departments of prisons and reformatories with the duty to supervise the execution of property-oriented penalties.Because of the traditional emphasis on punishment against freedom and death penalty over property-oriented penalties,and of the principle-based legislation concerning the supervision over execution of property-oriented penalties,the procuratorates become unable to legally supervise the execution of property-oriented penalties,which is out of tune with the increasingly standardized and institutionalized supervision over execution of punishment against freedom and death penalty and destroys the integrity of legal supervision.By analyzing the existing problems and the corresponding reasons,this paper explores a new model and mechanism for the supervision over execution of property-oriented penalties,proposes a plan to improve the procuratorial supervision over execution of such penalties in China,and tentatively establishes a procuratorial supervision mechanism for the execution of such penalties.