The implementation of the penalty change involves the dignity of the law and the legitimate rights of citizens.It is also a hot issue in the current public opinion.The revised "Criminal Procedure Law" from the legislative level first formally established a penalty to change the implementation of synchronous supervision system,as the legal supervision organs,procuratorial organs play guarantee the right execution of criminal punishments and promote the education of prisoners and the important function of maintaining judicial justice.This paper attempts to analyze the legal basis for the simultaneous supervision of the execution of penalty changes,and compare it with the relevant foreign systems.In the description of the present situation of China's current synchronous supervision,try to find some unreasonable factors in the system,the practice of generating abnormal phenomena,and puts forward some improvement measures from the aspects of legislation,judicature and organization construction etc..The first part interprets the implementation of the penalty change and the system of simultaneous supervision,clarifies its concept,connotation and classification,and analyzes its characteristics and functions in accordance with the theory of law.In the second part,the author introduces the model of supervision and administration of penalty change in the representative countries of the continental law system and the common law system,and compares it with the model of our country,and finds out the jade of his mountain which is worth learning and using for reference".The third part according to the work experience of the author to describe and analyze the current status of the procuratorial organ to carry out synchronous supervision,the system is not perfect,imperfect,and on the basis of in-depth analysis of the causes,to improve and solve the problem as the necessary groundwork.The last part is based on the previous analysis and comparison,and puts forward some suggestions on the existing problems of simultaneous supervision in China. |