【作者】 李艳红；

【导师】 李蓉；

【作者基本信息】 湘潭大学 ， 法律， 2010， 硕士

【摘要】 The implementation of penalty alternation refers to the change of the type of penalty, the prison term, the execution venue and the mean of implementation, is an important activity which is essential to the rights protection of prisoners and the just realization of the penalty. There are some prisoners who can even come out after a short execution in prison, and the five kinds of prisoners executing penalty outside prison has been a focus of the society, people begin to question the effects and strength of the prosecution’s supervision on the implementation of penalty alternation. The Supreme People’s Procuratorate desides to execute synchronized surpervision on the implementation of penalty alternation in 2008. But in the judicial practice, due to the lack of authorization in prosecution’s s synchronized supervision, and the shortage of legislation on the rights and obligations of supervisors, the range of supervision, the manner of supervision, the procedure of supervision, the indemnification of supervision strengh, and the rights and obligations of the prisoners, there comes the dead space, the difficulties and weakness in the supervision. The cases of corruption and favoritism occurred in the implementation of penalty alternation become the challenges to the credibility of law enforcement and social justice. In order to strengthen the prosecution’s supervision in the implementation of penalty alternation, the paper commences from the content and features in prosecution’s synchronized supervision, and emphasizes the procuratorates to supervise every link in the implementation of penalty alternation, not only do micro- supervision in single case, but also conduct macro-Supervision based on it to restricts that lack of legislation and promote the system improvement. The paper also conducts further analysis in the theoretical basis of the prosecution’s synchronized supervision in the implementation of penalty alternation (power restraint theory, unified legal system theory, rights and relief theory and the theory of purpose of punishment) and practical significance. With supervising the status and implementation of a case, analyzing and comparing the pros and cons of post-supervision, at-any- time supervision and synchronized surpervision, as well as the problems and obstacles in practicing the synchronized supervision at present, the paper proposes some measures for improving our prosecution’s synchronized supervision in the implementation of penalty alternation on the base of existing theories. In legislation, we should draw up a uniform penalty execusion law, rule the subjects, the procedures and statutory requirements in implementation of penalty alternation; and define the rights and obligations of the supervisors, build a complete supervision system; regulate the manner and means of supervision. In system, improve the inner workings of the prosecution, strengthen the integration of prison supervision work and the prosecution team building; improve sector coordination mechanisms, social rights protection system, help and education system and other social support systems involved in prison supervision, integrate supervision force; authorize the mandatory force in synchronized surpervision, strengthen the rigid of prosecution suggestion and illegal rectification, give the prosecutors the right to bring disciplinary recommendations. Exert the supervision performance, protect the legal rights of prisoners, make the implementation of penalty alternation scientific, fair, open and fair.更多还原

【Abstract】 The implementation of penalty alternation refers to the change of the type of penalty, the prison term, the execution venue and the mean of implementation, is an important activity which is essential to the rights protection of prisoners and the just realization of the penalty. There are some prisoners who can even come out after a short execution in prison, and the five kinds of prisoners executing penalty outside prison has been a focus of the society, people begin to question the effects and strength of the prosecution’s supervision on the implementation of penalty alternation. The Supreme People’s Procuratorate desides to execute synchronized surpervision on the implementation of penalty alternation in 2008. But in the judicial practice, due to the lack of authorization in prosecution’s s synchronized supervision, and the shortage of legislation on the rights and obligations of supervisors, the range of supervision, the manner of supervision, the procedure of supervision, the indemnification of supervision strengh, and the rights and obligations of the prisoners, there comes the dead space, the difficulties and weakness in the supervision. The cases of corruption and favoritism occurred in the implementation of penalty alternation become the challenges to the credibility of law enforcement and social justice. In order to strengthen the prosecution’s supervision in the implementation of penalty alternation, the paper commences from the content and features in prosecution’s synchronized supervision, and emphasizes the procuratorates to supervise every link in the implementation of penalty alternation, not only do micro- supervision in single case, but also conduct macro-Supervision based on it to restricts that lack of legislation and promote the system improvement. The paper also conducts further analysis in the theoretical basis of the prosecution’s synchronized supervision in the implementation of penalty alternation (power restraint theory, unified legal system theory, rights and relief theory and the theory of purpose of punishment) and practical significance. With supervising the status and implementation of a case, analyzing and comparing the pros and cons of post-supervision, at-any- time supervision and synchronized surpervision, as well as the problems and obstacles in practicing the synchronized supervision at present, the paper proposes some measures for improving our prosecution’s synchronized supervision in the implementation of penalty alternation on the base of existing theories. In legislation, we should draw up a uniform penalty execusion law, rule the subjects, the procedures and statutory requirements in implementation of penalty alternation; and define the rights and obligations of the supervisors, build a complete supervision system; regulate the manner and means of supervision. In system, improve the inner workings of the prosecution, strengthen the integration of prison supervision work and the prosecution team building; improve sector coordination mechanisms, social rights protection system, help and education system and other social support systems involved in prison supervision, integrate supervision force; authorize the mandatory force in synchronized surpervision, strengthen the rigid of prosecution suggestion and illegal rectification, give the prosecutors the right to bring disciplinary recommendations. Exert the supervision performance, protect the legal rights of prisoners, make the implementation of penalty alternation scientific, fair, open and fair.更多还原