A Research On The Temporary Execution Outside Prison In China

emporary execution outside prison is a penalty execution alteration system stipulated in the Criminal Procedure Law of China.It is the connotation requirement of implementing the criminal policy of Combining Leniency with severity and guaranteeing judicial human rights.It is of great significance to further improve the judicial administrative legal system and meets the requirements of modernization,socialization and internationalization of penalty execution..Its content mainly refers to a flexible method of temporarily putting female criminals sentenced to fixed-term imprisonment,detention and life imprisonment in prison for having or appearing some special statutory circumstances which are not suitable for execution in prison,and putting them in prison diplomacy for execution by community correction agencies.In 2014,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of Justice and the State Health and Family Planning Commission jointly issued the revised Criminal Procedure Law to further improve the system of temporary execution outside prison and to ensure that temporary execution outside prison is strictly regulated by law,in accordance with the requirements of the reform of the Central Judicial system.The regulations for the temporary execution outside prison shall be implemented on October 24,2014.The Provisions on Temporary Execution Outside Prison have made adjustments in content,further standardized the standards and procedures of law enforcement,strengthened responsibilities and procuratorial supervision,perfected the responsibilities of people's courts,people's procuratorates,prisons,detention centers and community correction agencies,and strictly controlled the applicable standards on the basis of expanding the scope of application.At the same time,the "Scope of Severe Diseases on bail" as an annex further clarifies the types and extent of diseases,provides detailed medical criteria,provides a basis for strict and standardized treatment on bail according to law,and is more operable.Nevertheless,there are still many problems in the system of temporary execution outside prison,which is contrary to the criminal policy of tempering leniency with severity,is not conducive to the full protection of judicial human rights,easily affects the fairness and authority of the judiciary,and easily breeds judicial corruption and social problems.Starting from the practice of prison work,the author writes a thesis around the research ideas of execution humanitarianism,criminal policy of Combining Leniency with severity,full protection of judicial human rights,standardization of law enforcement standards and procedure exhibition.The first chapter is the theory of temporary execution outside prison in our country;the second chapter is the investigation of temporary execution outside prison in our country,mainly from the following aspects: The third chapter is about the investigation of similar systems in foreign countries,mainly on the scope of application and the calculation of the term of imprisonment of similar systems in foreign countries,from which we can get inspiration and elaborate on the characteristics of the wider scope of application and the non-calculation of the term of imprisonment;the fourth chapter is about the investigation of similar systems in foreign countries.In order to improve the issue of temporary execution outside prison in our country,we mainly put forward suggestions based on the principles of humanitarianism of execution,the criminal policy of combining punishment with leniency,how to fully protect the legitimate rights and interests of criminals and judicial impartiality.