Research On The Execution System Of Community Prisoners

Many countries in the world advocate the inclusion of humanitarian and spiritual civilization into the punishment system of criminal law.More and more countries are abolishing the death penalty,which is also the new trend of the development of criminal law in the world.Looking at the reform direction of punishment in various countries in recent years,the degree of punishment has gradually changed from heavy to light,and the types of punishment have also shifted from torture to light punishment.Community correction is a form of punishment that meets the development trend of the international community.At present,it has been added into the penalty system by many countries and recognized and absorbed by many international professional organizations.It is the only way for each country to reform its penalty system.The reason why community correction system is respected by many countries is that it not only conforms to the humanitarian spirit,but also can punish and reform criminals to a certain extent.Although it does not put criminals in prison,it cannot change the nature of the punishment means.Criminals who are sentenced to this kind of punishment should be reformed in accordance with relevant legal provisions and subject to supervision and management by judicial administrative organs and professional personnel.Therefore,freedom is also limited to a certain extent,which is in line with the nature of punishment means.If a criminal fails to comply with the relevant supervision and management regulations,the judicial administrative organ will further punish him in accordance with the relevant laws and regulations.All these punishment regulations are guaranteed to be implemented by the coercive force of the state.But due to the current legislation blank,deficient and even conflict,at this stage in the practice of community correction commonly encountered problems,"prison law enforcement difficulty" is put in prison execution in the draw,ruling,capture and execution,prison standard fuzzy,different ground to difficulties,delivery,conflict,lack of the community correction mechanism penalty enforcement executive main body,criminal coercive power,serious damage to the authority of law,weakening the credibility of community correction,affect the orderly work of community correction.The standard that clear take in prison carries out,among them the most important undertakes affirmatory to the unit that takes in prison namely,if made clear take in prison the unit is judicial administration branch or relevant government mechanism,so our country legislative branch ought to give these branch and a series of authority that take in prison are concerned;If the subject of execution in custody is authorized to the public security organ,the public security organ shall execute in accordance with the provisions of laws and regulations,and the judicial administrative organ shall provide assistance and cooperation.