On The Improvement Of The Synchronized Prosecutorial Supervision Mechanism Of Commutation And Parole

The execution of penalty changes is a penalty enforcement activity given by the state to a specific judicial enforcement organ to change the execution mode and execution period of criminals according to law.It is an important part of the executive right.It is linked to whether the state's penal power is exercised according to the law normatively and effectively.Commutation and parole are two basic ways in the execution of penalty changes in China.However,the long-term administrative treatment of commutation and parole cases lacks corresponding evidence rules,which greatly affect the judicial nature of commutation and parole cases.Over the years,the procuratorial organs have fulfilled the criminal supervision and supervisory functions,and have focused on exploring the basis,path,procedures and methods for simultaneous legal supervision of penalty execution activities.The Criminal Procedure Law officially established the procuratorial organs to implement simultaneous supervision of commutation and parole cases with Articles 273 and 274,indicating that the simultaneous supervision system has obtained legislative confirmation on the basis of summarizing the practice results.There is still a process of continuous development and improvement in legislation and judiciary,system and practice,as well as simultaneous supervision.This article takes the commutation and parole process to handle the case as the principal line.From the perspective of prosecutorial supervision,it empirically analyzes the current situation of probation and parole procuratorial supervision,and proposes to further clarify the right to supervise the conflicts between the norm and practice of the simultaneous supervision system.Countermeasures such as supervision ownership,supervision timing,supervisory procedures,supervision mode,supervision focus and supervision norms are demonstrated from the needs of theory and judicial practice.The first chapter is based on the basic situation of commutation and parole supervision in the suburban area procuratorate of Xiangyang City,Hubei Province from 2014 to 2017,from the scoring assessment,drawing,the scope of the sentence,the trial,the ruling,and the supervision focus in the commutation and parole.The empirical analysis is conducted on the supervision situation.The second chapter is based on the empirical analysis,mainlyfrom the current legal provisions and practice conflicts,the non-uniformity and non-standardization of the evidence standards,the poor operation of the supervision mechanism,the procuratorial imperfect intervention procedures,and the poor effect of the court supervision.The third chapter starts from Strengthening the scoring supervision,reconstructing the mode of commutation and parole request,establishing the proof standard and evidence rules of synchronous supervision of commutation and parole,perfecting the focal points and methods of synchronous supervision of commutation and parole,establishing the substantive system of commutation and parole court trial,and perfecting the synchronous supervision mechanism of commutation and parole,etc.To explore effective ways to establish a simultaneous inspection and supervision mechanism for commutation and parole.