Research On Prison Supervision Of Penalty Alteration In China

As a national organ of violence,prison is also the main penalty enforcement organ of the country.It is a state act that according to the criminal procedure,the penalty determined by the effective judgment and ruling made by the court is put into effect according to law,and the prisoners serving sentences are educated and reformed through labor.In the execution of penalty,compared with the general execution system,the execution of penalty alternation reflects more profoundly the important role of correcting and defending the society.In our country,as an important legal system established by the Criminal Law,Criminal Procedure Law and Prison Law,the execution of penalty alternation is fundamentally aiming at transforming criminals into law-abiding citizens in the process of punishment and correction,so as to achieve the goal of criminals' returning to society.For a long time,the policy-makers of our country have paid quite less attention to the supervision of the execution of penalty alternation than the investigation,prosecution and trial,and have not formed an effective supervision mechanism.Especially,in order to evade the frequent occurrence of penalties and labor reform cases,some lawbreakers,through bribing judicial personnel,illegally handle commutation of sentences,parole and other penalty alternation to execute,hindered the correction and transformation of prisoners,disrupted the normal operation of supervision and transformation order which seriously undermined the harmony and stability of our society.It has seriously damaged the seriousness and impartiality of the law.As the legal supervision organ of our country,the procuratorate has the power to supervise the execution of penalty alternation such as commutation and parole according to law.The effective operation of this supervisory power is a golden key to crack the closeness of prisons and the "dark box operation",which is related to the realization of the goal of social fairness and justice.In recent years,through the unremitting efforts of prosecutors,although the execution of prison penalty change is more just and orderly,and the legitimate rights and interests ofprisoners are further protected,the lack and deficiency of procuratorial supervision still hinders the fair and orderly execution of penalty change.Therefore,exploring ways to improve the implementation of procuratorial supervision of the alternation of prison penalty and eliminating the deficiencies and shortcomings of procuratorial supervision have become the purpose of the author's research on this topic.