On The Perfection Of The Procuratorial Organ's Synchronous Supervision System Of Commutation And Parole

In recent years,with the acceleration of the process of democracy and rule of law,people pay more attention to the protection of their legitimate rights.However,the illegal commutation and parole phenomena in the field of commutation and parole such as the"black box operation",paying for the punishment and redemption of rights are still happened repeatedly,which not only damages the legitimate rights and interests of the detainees,but also seriously affects the credibility and legal authority of our country's judicial organs.The Constitution and related legislation stipulate that the procuratorial organ is the legal supervision organ of our country.It has the right to supervise the commutation and parole activities.How to intensify the the effectiveness of legal supervision and reform and improve the current mode of legal supervision by procuratorial organs has aroused the concern and attention of people in the legal profession.In some parts of the country,synchronous supervision mode with the procuratorial organ as the core have been piloted and good experience has been obtained.The procuratorial organs began to gradually promote the synchronous supervision mode from point to area.Therefore,the procuratorial organs'synchronous supervision of the commutation and parole activities is not only an objective need for safeguarding human rights,but also an inevitable requirement for maintaining the overall social stability and enhancing the credibility of the judiciary.The simultaneous supervision of commutation and parole prosecution has achieved good results in various pilot projects,but exposed some urgent problems in operation.For example,the procuratorial organ's complete legal supervision right is marginalized,and in the commutation and parole activities,it is limited to issuing legal opinions within the framework of the penalty execution organ,which can't overstep the original scope of the request.Even if the procuratorial organ makes adifferent opinions,it also can't cause a substantial impact.The law gives procuratorial organs the right to participate in the process of bringing,ruling commutation and parole,but there are no corresponding safeguards.It is very difficult to achieve synchronous supervision during the institute period because the procuratorial organs are lack of effective channels for information sources.The lack of substantive defense in the trial stage leads to the simultaneous supervision inoperative.The supervision of commutation and parole ruling is embarrassed by legislative defects.The existing legislative stipulation is only a rough construction of the embryonic form of the simultaneous supervision system of commutation and parole.At the appropriate level,there are high standards for the simultaneous supervision of the commutation and parole,but at the actual level,the legislation of the synchronous supervision of procuratorial organs and the supporting system are scattered,and there is a blind area of legislation.There is a lack of systematicness and uniformity between the regulations,and some regulations are inconsistent.The synchronous supervision work of procuratorial organs is limited to three single weak ways,such as putting forward written opinions,correcting written opinions or writing proposals,which seriously affects the actual effect of procuratorial synchronous supervision.For its deep reasons,our country has been deeply influenced by the idea of"emphasizing attack and neglecting reformation"and"emphasizing judgment and neglecting execution"in judicial practice for a long time,and our country has not yet formulated special criminal execution law,nor it has formulated special commutation and parole laws.The legal provisions for commutation and parole are mostly stipulated in principle,and lack of corresponding power restriction mechanism.Other specific provisions are mostly scattered in the criminal procedure law,judicial interpretation and normative documents formulated in various localities,while the provisions on the simultaneous supervision of commutation and parole by the procuratorial organs are mostly in the form of methods,notifications,etc.,with lower legal rank and limited scope of effectiveness in practice.The system is mostly designed by the extensive legislation,and the operability is not strong,which forms a"vacuum"of the procuratorial organs in carrying out legal supervision.At present,the administrative examination and approval mode of commutation and parole is very strong in China.With the penalty execution organ as the leading factor,the commutation and parole is brought to the court within the framework of the law.The court carries out a written examination in the framework,and then makes a commutation and parole ruling,and the procuratorial organ is excluded from the procedure.The procuratorial organs'synchronous supervision of the procuratorate is outside the procedure,so it is difficult to reduce the legislative intent of simultaneous supervision of commutation and parole.In addition,the lack of personnel in the procuratorial organs,the uneven quality levels,and the overseeing of the procuratorial organs' oversight duties have seriously weakened the strength of the simultaneous supervision of the commutation and parole prosecutors.In allusion to the problems and causes above,in order to further improve the synchronous supervision system of commutation and parole,the author puts forward the following suggestions:first,improve the existing legislation so that synchronous supervision can be followed.In the system,we should stipulate violations of procedures and safeguards,clarify the legal obligations of the supervised organs and personnel,construct the normative documents jointly formulated by many departments,and the legal system of judicial interpretation and legal composition issued by the Supreme Procuratorate and the supreme law.Second,improve the powers of synchronous supervision and strengthen the supervision effect.By giving the procuratorial organs the right to make the examination,the right to examine the court's commutation and parole ruling,the right to investigate and verify,and the right to appeal for confirmation of the illegal action,through these four righs to perfect the current system.Third,innovate the means of synchronous supervision and enhance the effectiveness of synchronous supervision.We should use the modern information technology such as big data platform to get regulatory information in time,find the right point of penetration,strengthen the whole process of supervision,coordinate the publicity of law enforcement publicity,and enhance the effect of synchronous supervision through investigating and prosecuted cases.Fourth,reform synchronous supervision program design and enhance supervision rigidity.We must strengthen the supervision in advance,focus on the establishment of archives,the daily scoring and rewards and punishments,and establish the archives of key regulatory objects.Improve supervision in the process,we will focus on establishing a new mode of commutation and parole,strictly stipulate the time for early intervention,and optimize the simultaneous supervision of trial.In terms of procedural design,after the supervision,the procedural design should be put in the trial committee of the chief procurator,and the timely announcement and release of the commutation and parole ruling shall be included in the scope of synchronous supervision,and the time limit for the court to send the decision to the procuratorial organ and the effective judgment shall be reasonably set.At present,our country's commutation and parole prosecutorial supervision system is not perfect,there is still much room to improve.The litigation reform which centered on trial is advancing,the procuratorial organ's commutation and parole with simultaneous supervison should take this opportunity,with big data platform to broaden the channels of supervision and enhance the level of supervision,perfect the corresponding supporting system in the lawsuit system reform.