Research On The Reduced Application Of Full Compensation Principle

The prison is responsible for punishing and educating criminals.The strict enforcement of prison police directly affects the security and stability of the regulatory order and the realization of judicial fairness and justice.In the case of continuous improvement of prison hardware facilities and the continuous improvement of the overall quality of prison police,violations of laws and regulations by prison law enforcement still occur from time to time.This paper studies the prison police law enforcement supervision system,mainly through literature research and comparative research,analyzes the connotation,characteristics and deficiencies of the current prison police law enforcement supervision system,and makes suggestions from the aspects of changing concepts,perfecting legislation and standardizing procedures.This article is divided into four parts to discuss.The first part makes a general theoretical analysis of the prison police law enforcement supervision system,and clearly puts forward that the research scope of this paper is the broad-based prison police law enforcement supervision.The supervisory body of the prison police law enforcement supervision system in the broad sense includes internal supervision institutions,courts,supervisory organs,people's congresses,family members,media,etc.The supervision contents include penal enforcement,supervision activities,protection of criminal rights,and changes in penalties.Special,supervised content,and complex nature of supervision duties.The theoretical basis of law enforcement supervision of prison police includes human rights protection theory,penalty theory and rights restriction theory.The prison police law enforcement supervision has the practical value of protecting the basic human rights of criminals,reducing and preventing corruption,improving the credibility of prison law enforcement,and promoting social fairness and justice.Through the above analysis,the importance of perfecting the prison police law enforcement supervision system is explained,paving the way for the next discussion.The second part focuses on the lack of prison law enforcement supervision system.Through literature review and empirical research,this paper analyzes the shortcomings in the legislation and practice of the prison law enforcement supervision system.First,the prison police has a bias in the cognition of the law enforcement supervision system.Secondly,the relevant legislation is not perfect,and the prison police enforcement standards are Less and more general,the content of criminal rights protection is less,the applicable standards for commutation and parole are not uniform,and the relevant laws and regulations of prison police law enforcement supervision are low.The third is the lack of supervision of internal supervision institutions,including the unclear legal status and the weakening of supervision functions.The fourth is that the external supervision body lacks rigid means.The court supervision stays in the trial of written materials.The scope of procuratorial supervision is small and lacks rigid supervision means.Social supervision Marginalized.The bones are analyzed for the inadequacy of the prison law enforcement supervision system,and the framework for the recommendations below is established.The third part compares the law enforcement supervision system of extraterritorial prisons.By consulting the literature,we examined the law enforcement supervision models of the common law countries including Britain,France and the civil law countries including France,Germany,Japan and Russia,and analyzed them for reference and reference.At the following,there are the following points:the procuratorial organs have a large authority and have rigid supervision means,social supervision mode norms and the protection of criminal rights.On the basis of the previous discussion,the fourth part summarizes the ideas for perfecting the law enforcement supervision system of prison police in China.In terms of perfecting the principles of prison police law enforcement supervision system,it discusses from the three points of objective neutrality,power checks and balances,and protection of criminals'human rights.In terms of specific measures,it is related to improving prison police awareness of law enforcement supervision system and improving prison police law enforcement supervision.Legislation,reform of internal supervision institutions,optimization of external supervision models,etc.to improve.When expounding the measures to optimize the external supervision mode,we will start from different supervisors and discuss the previous articles,and strive to establish a coordinated,scientific and efficient supervision system.