An Empirical Study On Imprisonment Of Criminals For Failing To Receive Supervision

In order to effectively implement the criminal rulings of the court,the first thing to face is a very important yet easily overlooked execution link.However,in practice,penal enforcement agencies,such as detention centers and prisons,who are responsible for imposing criminals' imprisonment,often refuse to punish certain"special offenders" sentenced to imprisonment sentences for the purpose of giving them "special reasons".The judicial difficulty of "Delivering Supervision" to the Case-handling Agency in Practice.The reasons are objectively related to the fact that detention centers,prisons,and other enforcement agencies lack matching sites for the admission of such "special offenders," and that because of the unclear legal provisions governing the implementation of imprisonment sentences,they lead to confusion,subjectively due to executive authorities.The "executive center doctrine" advocated in the field of penal execution has made it difficult for courts to conduct an effective review of the execution of penalties,which has exacerbated the difficulties in penal execution.This article starts from empirical research.The author takes 68 cases of imprisonment sentenced by imprisoned prisoners in two levels of courts in H city as examples,and analyzes the actual situation resulting from the failure of imposing prisoners to perform punishments injudicial practice and the harm caused by repeated crimes committed by imprisoned prisoners.Emphasis is placed on the analysis of how detention courts,prisons,and other penalties enforcement agencies are unable to effecti'vely intervene in censorship due to the implementation of "centrism" in the execution of penalties.In the judicial implementation of penalties,it is difficult to solve the problem of custody of "special criminals".The public,prosecutor,law,and executive organs have played games of interest with each other in order to avoid the risk of "regulatory deficiencies." This has not only resulted in implementation delays,but also reduced implementation efficiency,and eventually led to "implementation failure." However,detention sites such as detention centers and prisons have their own unspeakable "difficulties." Because they are unable to meet the requirements for detaining these "special offenders" in terms of supervision of site conditions and staffing,they are "special offenders." Can only refuse to accept.All of the above reasons have led to the implementation of the predicament of "special offenders" in their supervision.The author believes that the concept of "taking trial as the center",criminal punishment,humanitarianism,and procedural fairness should be re-established in the link of execution of the penalty.During the execution of the penalty,the protection of the criminal's basic rights should be strengthened to ensure the punishment penalty and corrective effect.In view of the predicament of detention in China's prisons,we can draw lessons from the experience of accepting prisons for "special offenders" in other countries' prisons,so as to continuously improve and even innovate our existing enforcement model for inspections,and then we must formulate a set of scientific and reasonable procedures for implementing inspections and improve penalties.The supporting legislation for execution of the penalties linking the implementation of penalty punishment and community corrections can solve the difficult position of"special offenders" in the practice and ensure the fairness and authority of the law.