Discussion On The Discretion In The Execution Of Prison Punishment

The discretion in the execution of prison punishment is the enforcement power exercised by the prison in accordance with the legal principles and spirit,according to the needs of the actual law enforcement environment,in order to more fully complete the law enforcement actions such as punishment reform,education and correction,and rewarding punishment.On the one hand,the exercise and application of discretionary power in the execution of prison sentence is helpful to solve all kinds of complex practical law enforcement problems in the execution of prison penalty,improve the efficiency of the prison police in the execution of penalty,and reduce the resource loss in prison and national law enforcement.But on the other hand,because of the lack of perfect supervision mechanism in the exercise of discretionary power,some prison police officers have caused corruption such as rent-seeking and abuse of power in the execution of prison penalties.With the deepening of the judicial system reform in our country,the exercise of discretionary power in the execution of prison punishment faces two problems directly: how to protect discretionary power to maximize the efficiency of law enforcement and how to limit discretionary power to prevent corruption of power.As the law enforcers of the prison,we have deeply realized the great efforts made by the state to limit the exercise of discretionary power in the execution of prison sentences,but at the same time we also feel that the protection of the discretionary power of the prison police is relatively lagging behind.As a result,some of the prison police's daily law enforcement work has been innovated and its enthusiasm has declined,various types of law enforcement contradictions and problems have become prominent,and the overall execution efficiency of prison penalties has been reduced.Therefore,the author believes that it will be an important task to solve the two problems of exercising discretionary power in the execution of prison penalty as soon as possible,and to improve the restriction and protection of discretionary power in the execution of prison penalty.