The Research Of Chinese Prisoners' Property Punishment Execution

In recent years,with the emergence of various shortcomings of short-term prisonment penalty and the trend of humanization of international punishment,the applicable rate and scope of property punishment increase year by year in our country.Constrained by executed person unwilling to cooperate actively,personal property is difficult to identify,insufficient enforcement of the court etc.subjective and objective reasons,the difficulty of execution of property punishment puzzles the judicial organs of our country for a long time.The property penalty execution of prisoner not only has the common difficulty of above problem,at the same time,because of the prisoners' status of the executed person having their own unique constraints,leads to the situation of the execution of prisoners'property punishment is not optimistic.The long-term downturn in the rate of implementation of prisoners'property punishment has caused the public to question the legal seriousness,the penalty and educational function of property punishment significantly reduce,resulting in severe derogation of judicial authority.In order to effectively solve the dilemma of the prisoners',property execution,after a lot of grassroots research and practice exploration,the supreme people's court formulated and introduced the provisions about the property penalty execution problems,the provisions of the law of the concrete application case to handle the commutation and parole and other laws and regulations,trying to urge prisoners initiative to perform property punishment by establishing a series of prisoners'property punishment linkage mechanism.But after years of practice exploration,there are still many legal gaps and practical disputes in the linkage mechanism,restricting the further improvement of prisoners' property execution.To this end,the author takes the Fujian M prison as the research object,describes the present situation of the execution of the prisoners'property punishment.In summary,base on the actual work of prison criminal management,this paper mainly focuses on some problems(such as prison criminal cannot perform,there are no appropriate enforcement measures,commuted parole is too mechanical)of the execution of prisoners'property punishment as research object,in view of the criminal's social isolation,low education,a lot of psychological problem,analyzes the legislation and judicial status of the application of prisoners'property punishment in our country.At the same time,the paper studies the linkage mechanism of the execution of criminal property penalty and affirms its positive effect on the execution of criminal property penalty,also analyzes its in the judicial practice too simple mechanical defect.Finally,on the basis of summarizing and analyzing the difficulties in the execution of criminal property punishment,combining the existing legal system with the current judicial practice,so that it is trying to improve the sluggish status of prisoners'property execution by supplementing legislation,improving the system,establishing the exchanged penalty system and improve legal supervision to promote prisoners to be more proactive in the execution of property punishment,so that to realize the punishment,reform,education and other functions of property punishment,safeguarding the national judicial authority through the effective enforcement of judgements.