A Probe Into The Linkage Mechanism Of The Execution Of Property Penalty,commutation Of Sentence And Parole For Prisoners

In recent years,due to many reasons such as legislation and law enforcement,the execution of effective property penalty has been facing the predicament of "easy to judge but difficult to enforce".The verdict has become a " Blank Cheque of law".The seriousness of law is challenged,which greatly affects the credibility of law enforcement from government.The execution of property penalty and prison penalty did not intersect each other.However,in 2012,the Supreme People's Court proposed that the execution of property judgments by criminals should be embodied in commutation and parole,until the release of document [2016] 23,gradually clarifying the reference between property judgments and commutation and parole system,so that there is a correlation between them.On the basis of previous studies,the author pays attention to integrating theory with practice,focuses on the analysis of the current situation of its operation mechanism;reflects on the difficulties arising from the joint mechanism of property penalty;commutation and parole in the operation process.And finally puts forward some suggestions to solve the problems.This paper chooses relevant data of commutation and parole criminals reported by D Prison from 2015 to 2017 and makes analysis,which provides beneficial exploration for solving the problem of property penalty enforcement of prisoners in China.The full text is listed into four parts:The first part is about the basis and significance of establishing the linkage mechanism of property penalty,commutation and parole for prisoners.This part first introduces the background of the establishment of linkage mechanism,and elaborates the significance of the establishment of the mechanism.Subsequently,through the analysis of the relevant normative basis and theoretical basis,the legitimacy of the establishment of linkage mechanism is demonstrated.The second part is the analysis of property penalty and performance of prisoners.In this part,through the in-depth analysis of the property penalty of prisoners serving in D prison and the performance of property penalty of commutation and parole personnel,the present situation of the initial operation of the linkage mechanism is demonstrated.The third part is the analysis of the operation of the linkage mechanism of commutation,parole and property penalty in D prison.This part introduces the current linkage mechanism of D prison,including the system of informing the execution of property penalty,the system of investigating and verifying the relevant information of property penalty,the system of comprehensive assessment and identification of the commutation of prisoners,and the system of preferential reporting of the commutation and parole of prisoners.The operation situation is analyzed concretely.The fourth part is about the dilemma in the operation of the joint mechanism of property penalty and its solution.This part points out various problems in the operation of linkage mechanism,such as different sentencing scales,unclear responsibility of linkage mechanism,imperfect system,no obvious incentive effect on short-term criminals and criminals with large amount of property penalty,and negative impacts on the principal punishment.In the view of the problems and combining with practice,the author puts forward corresponding solutions.