Study On The Term Of Imprisonment During The Term Of Detention

With the establishment of the supervisory committees at all levels,the detention measures are widely used in the investigation of serious violations of the law and the criminal cases.The dilemma faced in the probation period is the question of the reasonableness of the sentence during the lien period and the perplexity of various practical problems,which are objective and widespread.Retained during the sentence is retained as the need of measures play a role in anti-corruption struggle,is retained during the sentence as the need of their own value realization,is the objective requirement of the human rights safeguard judicial field.Measures the functions and properties of lien and other custody measures is similar,are to ensure survey activities smoothly,compulsory measures,so during the lien and during the period of "advance detention" is homogeneous,is in conformity with the requirements of the sentence as the system theory model and retained during the sentence as except has the sentence as the general value but also has its special value.At present,the indwelling period in the practice of the sentence as artificial misdemeanor ShiXing people pull the petty crime,freedom penalty,artificial stimulating a guilty verdict or long for,damage penalty function and penalty goal realization.In order to solve above deficiencies,based on the sentence as during the period of indwelling reasonable regulation,equity value realization and the penalty function,as the term examination departments,the enforcement shall establish a supervision committee department(astonished),supervision and management department of cases involving the lien measures need review mechanism;The provisions of the proviso clause shall be added to the provisions of the proviso clause after the provisions of the provisions of article 44 of the inspection act shall be provided,except when it shall be given a suspended sentence or an acquittal.;Increase supplementary provisions in article 44 of the inspection act,regulation: "embezzlement and bribery crimes to insufficient freedom penalty during the first lien as,shall not be offset,will be retained during proportionally deducted and impose fines or confiscation of property." Through the above institutional mechanism innovation and legislation regulation perfection to solve the insufficiency of the term in practice.