Study On The Implementation Of Property Penalty For Prison Inmates

For a long time.China has a prominent problem of "difficult enforcement",which is not only in the field of civil case execution,but also in the field of property punishment in criminal cases.Society of civil case execution difficult problem is very concerned about,the supreme people's court issued in the near future on the implementation of the "two to three years to solve the difficulty to perform" basic work outline,primarily to solve the problem of civil case execution difficult,the people's court for enforcement will be more focused on solving the problem of civil case execution difficult.However,the execution of property penalty in criminal cases is limited to objective conditions.In judicial practice,it is mainly carried out by means of advance delivery,voluntary performance and performance by family members.In that a significant portion of the prison criminals sentenced to public property punishment property punishment performance is not satisfactory,in the process of prison,get commutation parole legal awards by serious renovation strive for an early return to society is the main target of most of the prison criminals,prison using sentence parole as the main means of incentive the reform of prisoners,effect is very obvious.For the sentence parole cases handled by the supreme people's court on the concrete application of the rule of law "has been clear about the commutation of parole in handling cases,the referee shall be effective for the execution of property punishment as important factors in comprehensive inspection,establishes the linkage mechanism of commutation and parole property punishment execution,to a certain extent promoted the prison staff to perform the referee in the property punishment,property punishment execution preliminary established the criminal cases of cooperation mechanism.But it still doesn't solve all the problems.This article selects A prison in 2016,some representative effect of prison inmates were analyzed,and the written judgment based on the part of the prison to carry out the questionnaire survey,understand the impact inmates property punishment to content analysis and recognition of the subjective psychological cognition,to our country prison personnel provide beneficial exploration property punishment execution problems to solve.The paper is divided into four parts:The first part is the investigation and analysis of property punishment of prisoners serving sentences in prison A.This paper analyzes the property punishment and the performance of property punishment in the effective judgment of prison inmates in A.In the second part,the investigation questionnaire and analysis of property punishment of prisoners serving sentences in some prison areas of A prison are given.This part through to the jiangsu province prison prison criminals to issue "about property penalty execution questionnaire",and the recycling questionnaire statistical analysis,analysis of data obtained after the discovery of prison criminals active performance of the property punishment law publicity is not in place,quite a number of sentence the criminal punishment to a misunderstanding of property,in the absence of policy incentives and real disciplinary measures under the pro and con,prison criminals active performance of property penalty proportion is not high.The third part is the analysis of property punishment execution in a prison area after implementing the linkage mechanism between commutation and parole and execution of property punishment.This part summarizes the linkage mechanism between commutation of parole and execution of property punishment,and clarifies the concept,goal and policy basis of the mechanism.On the part of the prison prison execution execution and property before and after the linkage mechanism,serving the condition of the criminal punishment on property data before and after the change and contrast,analyzes the implementation of the mechanism of action,effectiveness and shortcomings.The fourth part,the improvement of prison inmates property punishment implementation recommendations.In perfecting the existing mechanism,on the basis of further strengthen the sentence the criminal in the whole process of the property punishment to education,strengthen the mechanism of communication and coordination between departments,property punishment execution of legal norms,draw lessons from the introduction of civil case execution effective measures,increase the criminal penalties for convicted refuses property,refining the fine punishment relief measures,such as ways to promote the criminal case property penalty execution mechanism.