A Study On Procuratorial Supervision For The Change Of Punishment Execution

The penalty change refers to the judicial organ in criminal law enforcement,change or penalty execution method,a series of activities in accordance with certain legal procedures to change the execution of penalties or content,including the change of penalty execution time and place,etc..On this basis,the change of criminal execution supervision refers to the legality of the process of supervision by means of procuratorial work.At present,the judicial organs all over the country are exploring more reasonable supervision procedures to improve the procuratorial supervision over the change of penalty execution.As the authorities to change the concept of penalty execution,not to the supervision of the procuratorial organs as a fault,even against the opposition and not to regard it as right,shall be subject to the supervision of the objective facts from the psychological,as the supervision and execution of interdependent system.In the context of this reality,I through the execution of punishment there are changes of procuratorial supervision problem in development of reason analysis,comparison of domestic and foreign procuratorial supervision of penalty execution change between the reference basis,foreign procuratorial supervision of penalty execution change advanced results,combined with China's actual legal framework,the feasibility and related system implemented,put forward I to improve the implementation of the procuratorial supervision opinions change.In addition to the introduction and conclusion,this paper is divided into four parts.The first part of penalty execution change illustrates the procuratorial supervision.First analyzes the change of procuratorial supervision meaning,main characteristics and contents of the execution of punishment:to change the concept of procuratorial supervision in the basic reference on my understanding to define the execution of punishment,analyzes the change of procuratorial supervision of penalty execution exclusive authority,Cheng Xuyi,with the characteristic of fair justice,expounds the execution of punishment the change of procuratorial supervision includes entity supervision and procedural supervision in two aspects.Secondly,it explains the theoretical basis,legal provisions and practical basis of the procuratorial supervision on the change of execution of penalty.Finally,the development process of the supervision of the implementation of the change of punishment in China is expounded.The second part is the analysis of the procuratorial supervision of the change of criminal execution.First of all,it lists the problems existing in the procuratorial supervision of the change of execution of penalty,mainly including imperfect legislation,lack of standard procedure and lack of rigidity.At the same time,the reasons for these problems are analyzed in combination with practice.The third part mainly discusses the change of procuratorial supervision is abroad for executing criminal punishments,comparison and reference of foreign penal execution changes the procuratorial supervision,secondly discusses the penal execution of procuratorial supervision from abroad aspects worthy of learning.Through the above analysis and collation,from the typical country,we can learn from the experience that is suitable for China's national conditions,so as to provide help for the improvement of the supervision of the execution of the penalty.The fourth part is the countermeasures of perfecting our country's penalty change procuratorial supervision,aiming at the problems existing in the execution of procuratorial supervision punishment,in legislation,mechanism and supervision efforts improving Suggestions from three aspects.