The Influence Of The Change Of The Accusation System Of Death Penalty On The Execution Of Penalty And The Countermeasures

The amendment of criminal law(nine)was officially implemented,major adjustments were made in the execution of the penalty.This reduced the death penalty allocation for 9 offences,so that the number of crimes for which the death penalty is applicable in China decreased from 68 in 2011 to 46 in 2015,the magnitude of the reduction can be seen.It will have an impact on the work of prisons,increase the pressure on prison supervision and satety,and increase the difficulty of reforming prisoners and preventing safety.The Criminal Law Amendment(9)further standardized and raised the threshold of execution of death penalty in the suspension of execution.For the first time,life imprisonment without commutation or parole was stipulated in our criminal law.Most of the criminals who should have been sentenced to death will now be sentenced to life imprisonment or life imprisonment for more than 10 years.The detention of such criminals will bring tremendous pressure on prison supervision and security and reform.The increasing pressure on prison supervision and security will inevitably lead to the increasing difficulty of supervision and reform and security prevention.Starting from this realistic problem,this paper explores how to ensure that prisons take the safety and stability of supervision as the premise,complete the bottom line of security put forward by the Ministry of Justice to our prison system,carry out the purpose of reform,take political reform as the command,and comprehensively promote the five major reform patterns of prison work in the new period of renovation,supervision,education,culture and labor transformation.We should carry out scientific reform of prisoners and improve the criminal reform system to face the basic problems that each of our penalty executing organs will face for a long time in the future.This paper does not include the introduction and conclusion.It is divided into three parts:The first part introduces the changes of the death penalty system in China's criminal law.Firstly,it introduces the process of the death penalty system in our country,which is the most severe means of punishment in the criminal law system.Then it lists the contents of the revision of the death penalty system in the Criminal Law Amendment(9),including the reduction of the charges of death penalty and the improvement of the standard of execution of death penalty with suspension of execution.Then,the significance of the change of the death penalty system is explained from the perspectives of human rights,socialization and the function of criminal law.The second part is the impact of the change of the death penalty system on the executing organs of our country.Firstly,it clarifies the content of our country's penal system,and then introduces the impact of the change of the death penalty system on prison,which is the executive organ of the criminal law system.The main manifestations are as follows: firstly,the number and personnel structure of prisoners have changed;secondly,the number and structure of prisoners have changed,which leads to the increase of hidden dangers and risks in the internal supervision of the executive organs;thirdly,to protect prisoners.The security and stability of the warrant supervision places,the realization of the purpose of prison reform,and the new requirements for the execution of penalties are explained.In the third part,the author puts forward the countermeasures from the practical work.Mainly from the two aspects of "detention" and "release" of criminals,this paper puts forward to deal with the impact of changes in the death penalty system on prisons.Since the number of prisoners is increasing and the structure is more complex,we can consider increasing the number of prisons appropriately,popularizing the pilot of high-security prisons and evaluating the danger of prisoners effectively.In the mechanism model of releasing prisoners,the author thinks that we should first consider increasing the application of commutation and parole,and secondly,we can speed up the construction of the re-socialization system of prisoners.The third is to strengthen the training of the prison police's professional level and comprehensive quality,and to set up scientific organs so as to relieve the pressure and realize the function of prison supervision and Reform in the new period.