Research On The Correlation Mechanism Between The Execution Of Property Penalty And Sentence Reduction And Parol

As a kind of penalty system in our country,the property penalty focuses on the special prevention function of penalty,aiming at making criminals lose part or all of their property,depriving them of the material basis for re-committing within a certain period of time,and finally preventing criminals from re-committing.The commutation and parole system,as a criminal incentive policy to encourage criminals to reform actively,only happens in the execution of the main penalty,and there is no necessary connection between the implementation of property penalty and commutation and parole in China’s long-term judicial practice.With the development of national economy in our country,by rising proportion of cases and property punishment,property punishment execution trapped in law enforcement "light heavy judgment and execution" old law enforcement idea and some of the criminals out of "human wealth cannot and lost" negative performance of the performance,has long been at the referee without executed or inefficiency situation.In order to solve the problem of the difficult execution of property penalty,the Supreme People’s Court established the mechanism of the association between the execution of property penalty and commutation and parole in the form of judicial interpretation,and took the execution of property penalty as one of the objective criteria to verify whether criminals really repent.The appearance of association mechanism objectively improves the efficiency of the execution of property penalty.However,in judicial practice,the existing association mechanism between the execution of property penalty and commutation and parole still has problems such as confusion of standards,poor coordination,incomplete association and incomplete matching,and the implementation effect is still not ideal.This paper,the province prison inmates and property of the sentence,the execution of the present situation and the commutation and parole case to handle the situation of the empirical analysis,and from the existing related mechanism of static and dynamic operation two aspects,to explore the related mechanism of the dilemma,and combined with the related judicial interpretation thinking,Put forward to perfect the property penalty execution and commutation,parole related mechanism reasonable thinking.This paper mainly from the following four parts of property sentence execution and commutation and parole related system research.The first part is the basic theory of property penalty execution,commutation and parole related mechanism.Starting from the concept,purpose and development of property penalty system,commutation and parole system,and combining with the development history of property penalty execution,commutation and parole related mechanism,the rationality of property penalty execution,commutation and parole related mechanism is further demonstrated.The second part is the analysis of the current situation of property penalty execution,commutation and parole related mechanism.Through statistical investigation and sampling analysis,this paper analyzes the situation of property penalty judgment and execution of criminals,and the procedure setting of the current association mechanism,and further weighs the advantages and disadvantages of the association mechanism of property penalty execution,commutation and parole.The third part is the implementation dilemma of property penalty execution,commutation and parole related mechanism.From the related mechanism of static and dynamic operation two aspects,in-depth analysis of the current system in the static set on the imperfection of legislation,the problem of quantitative standard is not the main responsibility is not clear,unified and associated mechanism exists in the dynamic running of criminal property punishment to perform ability judgment standard question,the associated mechanism is unsound insufficient incentive and coordination of various departments.The fourth part is to improve the property penalty execution and commutation,parole related mechanism.In view of the problems faced by the implementation of property-based sentence execution and commutation and parole association system,combined with relevant judicial practice,this paper puts forward reasonable suggestions to improve the property-based sentence execution and commutation and parole association mechanism,in order to promote the effective implementation of criminal property punishment and maintain judicial authority.