Research On The Improvement Of The Procuratorial Supervision System Of Community Correction In China

Community correction as a new execution mode of execution.As imprisonment and execution corresponds to a sentence outside prison punishment execution,community correction in protecting the serving staff basic rights,implement the wide strict criminal law and policy of combining punishment with leniency,promote the innovation of social management and other aspects have important legal value and social value,to better maintain the stability of social order,reform of our country's penalty system,reduce cost of penalty execution,improve the quality of criminals.The supervision of the executive power is one of the important functions of the Constitution and the law.In our country,community correction in 2003 began to try,but only for the practice of exploration,and there is no clear in the law,only the law on the level of the community correction system in the substantive and procedural aspects of a long period of exploration."Community correction","criminal law amendment"(eight),the new "Criminal Procedure Law" and other laws and regulations of the community correction system in the legal level of clear and perfect,with the continuous development of community corrections and its control mechanism.As the procuratorial organs of the state legal supervision organs,the work of community correction has the duty of legal supervision,therefore,the legal nature and the importance of the supervision of the procuratorial supervision is more obvious in the community correction.After many years of practice,the procuratorial supervision of community correction has accumulated some experience and methods,which plays a positive role in the correct implementation of community correction.However,due to various reasons,many of the problems in the implementation and supervision are restricting the development of procuratorial supervision.With the continuous improvement of community correction system,it is urgent to strengthen the procuratorial supervision mechanism.Therefore,it is important to improve and perfect the supervision of community correction in our country.On this basis,we will have important practical value for the procuratorial organs to fulfill the constitutional and legal supervision.This paper is to discuss how to improve the supervision of community correction and the practice of community correction,and to discuss how to improve the supervision system of community correction,and to protect the legitimate rights of the people.First,from the theoretical basis of community correction system,this paper expounds the concept of community correction system and the development of community correction in China,and summarizes the supervision of community correction,including the legal basis,value function,and the way of supervision.Mainly explain the basic environment of the community correction in China's community correction execution in the presence of the root cause of many problems and shortcomings,in order to lay a foreshadowing for proposing the problem behind.Secondly,further analysis of the theoretical system of the community correction of procuratorial supervision,including the necessity analysis,focusing on the implementation of the revised criminal procedure law,the procuratorial organs will be extended to the implementation of the supervision of criminal law,the focus of community correction and the supervision of criminal activities.Such as the end of 2014,the Supreme Procuratorate of the former prosecutor's name changed to criminal prosecution,is based on the modification of the law of the original prison by the traditional business to the new functions to change the important measures to further strengthen the supervision of the criminal prosecution opened the situation.Under this background,the change of the legal supervision of community correction is to be adapted to the requirements of the new criminal procedure law.Again,we analyze the current situation of community correction legal supervision,and to carry out the current situation of community correction legal supervision in Guangxi.It shows that the regular pattern of regular inspection has been unable to meet the needs of the development of community correction.Therefore,this article analyzes the supervision mode of the current community correction of the procuratorial organs,analyzes the necessity and feasibility,and puts forward the synchronous dynamic supervision of community correction,and discusses the construction of the concrete system.Finally,according to the problems in front of the proposed,according to the procuratorial work of the actual,the community correction legal supervision mechanism can be from the application of community correction of procuratorial,handover,supervision measures,corrective measures of the specific application and correct handling of the relationship between the supervision and cooperation,etc..To improve the legal supervision system of community correction and promote the healthy development of community correction,which is of great significance.Perfect community correction mechanism of procuratorial supervision in a day,the author of the study and suggestions are very shallow.However,I believe that under the joint efforts of all sectors of society,community correction and the procuratorial supervision work must be further improved,and more remarkable results have been achieved.