On The Procuratorial Supervision Of Community Correction

The procuratorial organ to community correction legal supervision of procuratorial organs perform the penalty execution supervision function of procuratorial organs,emphasizing community correction legal supervision for correction,and the realization of legal justice of goal of community correction is important.With the widespread correction work,problem and contradiction also is exposed gradually,as the legal supervision organ,the procuratorate in the correction work effectively play the function of supervision,so that the community rectification work to achieve the desired correction effect is the theoretical and practical circles is facing a major problem.The author in Sichuan Province F county’s community correction of the procuratorial supervision work as the object of investigation,field visits to the judicial administrative organ and individual grassroots judicial,according to regulations,collect relevant data and case interviews,the procuratorial supervision department and community correction work personnel,on the basis of investigation and research summary of current our country community correction of the procuratorial supervision work at present situation,the procuratorial supervision work existence question and reason analysis improve the proposal,make the community correction of the procuratorial supervision to fall to real point truly.In addition to the introduction and conclusion,the text is divided into three parts,about 30,000 words.The first part of the analysis of the main empirical investigation and study.I mainly Sichuan Province,F County Community Correction procuratorial supervision as the starting point,the status of research and analysis is divided into two parts to carry out the supervision of the case with the prosecution of the F County Community Corrections.Since the first time in 2007,the Community Corrections to popularity in the county in 2011,F County has formed a unification of the party and government leadership,the lead organization of the Bureau of Justice,the public,prosecutors,law departments work closely with township judicial assumed daily community corrections the Community Corrections pattern work,the village(neighborhood community)grassroots organizations and social participation of the masses,in the face of this new way of execution of punishment,F County Attorney organs on the basis of the original execution of the sentence of Inspection and Supervision some useful exploration,but also a lot of problems.That part of the basis of information provided by the relevant units,sort out a comparative analysis,in order to hinder the supervision of the Prosecutor-General to carry out the main reason for trying to figure out.Order to cope with the corrective work is carried out in County F,F County Attorney organs strengthen the intensity of supervision of the Attorney,such as the introduction of a system of public hearings and a guarantor system to increase the utilization rate of written corrective advice,court sentencing procedures also were positivetry to obtain certain results,but still facing the problems of supervision and staffing and program deletion,Community Corrections Prosecutorial Supervision of road is difficult.The second part of the analysis of the contents of the research study,summed up the F County prosecution in the Community Corrections Prosecutorial Supervision and causes major problems.Community Corrections work of the existing judicial system and work system reform and innovation,the Community Correction in China started relatively late,to explore a long time,in addition to the law is still not perfect,and therefore the current Community Corrections prosecutorial supervision there forward procuratorial organs for monitoring the content itself is not clear enough,the supervision mode still adhere to the supervision of the execution of the sentence,the lag of the way,means weakness still exists.For a long time,the procuratorial organs for their own legal watchdog there has been a deviation that suspects there minding in Community Corrections prosecutions supervision,the existence of these problems restricting the further development of a community corrections Prosecutorial Supervision,and even form of Community corrective healthy long-term development of serious constraints.The third part of the perfect the community corrections Attorney supervision recommendations.from a research point of view,the concept of supervision of the prosecution there is a serious deviation therefore,want to improve the prosecutorial supervision of community corrections,should first change the supervision of the prosecution philosophy,continue to adhere to its correct positioning of functions on the basis of culture by prosecutors from the spirit of professional ethics,to balance the protection of human rights and the fight against crime,both fair and efficient.Secondly,due to imperfect matching law,community corrections the Prosecutorial Supervision carry program is too rough,so that the relevant authorities in the practical operation of arbitrary large,therefore,it is necessary to carry out the program of Prosecutorial Supervision refinement grant the Public Prosecutor authorities permission to intervene at any time,to specification be corrected units instruments served system and strengthening procuratorial organs to correct illegal efforts to enhance the effectiveness of the supervision of the Attorney.the current practice,the the procuratorial organs the right to know can not get the information communication between the effective protection departments Chang has a close relationship between the prosecuting authorities and is monitoring unit,the upper and lower levels and in different places procuratorial organs should take full advantage of the information network platform,the sound of each other’s information communication channels;On the other hand,should be integrated throughout the"big society" resources,attracting public with non-governmental organizations to participate in community correction system,constitute a variety of forces involved in the correction mode.Finally,any system is only in the constant innovation in order to maintain its vitality,community correction phase for the traditional execution of the sentence,it is a whole new way of the execution of punishment,the prosecution in its legal supervision should gradually get rid of the original supervision of the execution of the sentence mode.