The Research Of The Temporary Execution Outside Prison System In China

The temporary execution outside prison system is a penalty execution alternation system that temporarily changes the manner, place and content of penalty execution sentenced by original judgment or ruling way for the criminals who were sentenced to prison or criminal detention and ought to be execution in prison but not appropriate to continue in that manner of the criminal punishment execution for the statutory conditions and special conditions. The appliable criminals could be sentenced to a punishment or criminal offence committed not in jail under the system described above. The appliable criminals of temporary execution outside prison system refer to the criminals who were not appropriate to be punished in prison for the sake of physical reasons at time the judgement determined or during the execution of penalty. This system is a kind of penalty alternation provisions stipulated in the criminal procedural law of China, which is consistent with the requirements of restraining, economic and humanitarian of penalties and also in line with current international penal reform trend of penalty mitigation and execution socialization.With the continuous development and improvement of socialist legal society citizens’legal consciousness and the level of participation of social problems, the topic of temporary execution outside prison, which previously was at the position of legal comparison of edge and did not receive high attention, has attracted increasing attention. On the other hand, the temporary execution outside prison system has been applied in the Chinese for decades. Had it for the continuous change of social conditions, many abuse that were relateive less obvious previously are gradually revealed. The weakness and defects exist in legislative and judicial area should be improved.This paper is divided into four parts to make a systematic analysis of the temporary execution outside prison system:The first part is mainly about the temporary execution outside prison system. It analyzes temporary execution outside prison system of China. A system which is worth being sound and perfect must have its value of existence.The second part analyzes from the angle of horizontal angle, comparing the similarities and dissimilarities in the temporary execution outside prison system and other similar systems. Because our country belongs to the mainland legal system, the specific analysis is the postpone or interrupt execution of freedom penalty system of German and the stop of freedom penalty execution system of Japan. This part extracted the keynotes from the comparisons above that can be used as a reference to and for the improvement for the temporary execution outside prison system. The third part mainly analyzes the status quo and current problems of the temporary execution outside prison system in China. The status quo of our temporary execution outside prison system mainly analyzes applicable object, eligible conditions, approval process and termination case. The part of current problems is mainly divided into two aspects. On the one hand, the paragraph analyzes the blank and defects of temporary execution outside prison system in theory and legislation from theoretical point of view. On the other hand, we analyzes the existing problems of temporary execution outside prison system from a practical point of view, which contents following aspects:the phenomenon of illegal temporary execution outside prison still exists; the problem on medical parole guarantor; the relationship between examination and approval organ and executive organ is not smooth, with inadequate coordination; the executing organ for temporary criminal neglect management execution outside prison, with the lack of effective supervision.The fourth part puts forward some advises for the temporary execution outside prison system in China. Specifically, expanding the applicable object of the temporary execution outside prison system to life imprisonment prisoners, the people who is75years old or older and the subjects based on support obligations; unifying the choice mechanism of temporary execution outside prison; sounding the temporary execution outside prison execution mechanism, unifying the subjects of execution, establishing the authority coordination supporting mechanism and improving its system; strengthening the temporary execution outside prison supervision mechanism and the procuratorial organs and the supervision of the temporary execution outside prison.