A Study On The System Of Temporary Out-of-prison Execution In China

The essence of the system of temporary execution outside prison is a kind of penalty change system,which refers to the part of criminals who have been sentenced to life imprisonment,fixed-term imprisonment or criminal detention.When the legal conditions are met,the sentence of imprisonment is changed from imprisonment to out-of-prison execution.The system is characterized by the particularity of the place,the conditionality of the object,the temporary nature of the mode and the unity of the effectiveness.This system is the concrete embodiment of the criminal policy of combining leniency and severity in our country.It is of great significance,such as relieving the pressure of prisons and other places and reducing the expenditure of human,material and financial resources in prisons.In addition,it is conducive to safeguarding the basic human rights of criminals and encouraging criminals to actively transform themselves.There is no doubt that the system of temporary execution outside prison in our country has made great progress both in legislation and in judicial practice,but there are still many problems.In the aspect of legislation,the applicable object of the temporary prison layman in our country is relatively narrow,the elderly criminals are not included in it,and the humanitarian consideration is lacking,the conflict between the relevant laws and regulations leads to the different standards of its implementation.The lack of relevant provisions in the laws and regulations on the liability of medical guarantors outside prison makes the guarantors unable to really play the role of supervision;In addition,the inclusion of legal provisions during this period will stimulate some non-eligible criminals to take risks in order to obtain out-of-prison execution.In the area of justice,The decision subject of examination and approval is diversified rather than managed by one organization,which makes the examination and approval of decision subject more internalized and lacks effective supervision from the outside.In the process of concrete execution,there is no effective communication among prison,detention center and community correction institution,which affects the implementation effect of temporary execution outside prison.In addition,there is a lack of clear standards of admission and execution of prisoners,and there is no clear regulation on "serious circumstances",which makes the decision-making subject have more independent decision-making power;The subject of supervision(mainly the procuratorial organ)is too single,which not only increases the workload of the procuratorial organ,but also increases the workload of the procuratorial organ.Moreover,it is not conducive to improving the quality of supervision,and there is no special accountability mechanism for the serious consequences caused by the lack of supervision by procuratorial organs.In order to solve the above problems and guarantee the system of temporary out-of-prison execution to play its due role in judicial practice,we should expand the applicable object and conditions in legislation;At the same time,the accountability mechanism of the guarantor should be established,and the examination and approval procedure should be further improved in the aspect of seeking medical treatment outside prison,and its identification link should be perfected.In the case of illegal treatment outside prison,the mechanism of accountability investigation should be made clear,and the specific responsibility should be put into effect to the individual.In order to prevent offenders from obtaining out-of-prison enforcement by any means,the legal provisions for the inclusion of the sentence in that period should be changed;in addition,at the judicial level,in order to prevent the decision of the approving authority from internalizing,its decision could be decided At the same time,the power should be exercised by the court.At the same time,the external supervision should be strengthened and the information should be made public.If the criminals are not satisfied with the decision of the court,they should be given a corresponding way to remedy the right.In the process of execution,the communication between prison and public security organs should be strengthened,other organs should be informed of the corresponding situation of the criminal in time,and the transfer procedure of criminals should be standardized.Legal provisions should also further clarify the time of admission of criminals and other relevant laws and regulations.Finally,we should strengthen the force of supervision of procuratorial organs in the supervision link.If supervision is not in place,it is necessary to perfect the corresponding accountability mechanism and expand supervision for the consequences such as the escape of criminals due to the lack of supervision.The subject,may consider to include the victim among them and so on.