On Temporary Execution Outside Prison System

With the increasing improvement of the legal awareness and enthusiasm for social issues, the problems of temporary probation which originally belong to the edge of legal problems are given more attention. During the process of the application for several decades, the drawbacks of the system are gradually exposed. Particularly, temporary period of probation is included in the implementation of the sentence, which not only doesn's match the legislative mind, but also is contrary to the principles of the just sentence and that of legality. At the same time, it increases the area of temporary probation criminal law enforcement issues.For temporary execution outside prison system, how to solve the various problems and how to get rid of the current difficulties, puts forward two measures. First, revise and improve the contents of the existing system framework; Second, change the existing legislative model by learning legislative experience from other countries and regions, replacing our current system of provisional probation with the stay of execution of the penal system. Meanwhile, this paper presents the preliminary expectation on how to implement stay of execution of the penal system.