Empirical Study Of Temporary Execution Outside Prison Applicable To Special Groups In Drug-related Crimes

Temporary execution outside prison policy is a special executive mode of criminal punishment applicable for the criminals under such circumstances as stipulated in the Chinese law.It complies with the call for humanitarian nature,modest restraining and economic efficiency in criminal punishment and it also follows the reforming direction of punishment mitigation and socialization of punishment implementation.In practical cases,the implementation of temporary execution outside prison policy in China is not encouraging,whereas many concerning issues have arisen.Considering the actual situation of-the implementation of temporary execution outside prison policy bythe Intermediate People’s Court in W city,N province,this paper is focused on the problems arisen in the process of executing temporary execution outside prison policy among the special population and further discusses the solutions to improve the system based on argumentation and analysis.The paper consists of the introduction and three other sections with 15,000 Chinese characters in total.The first section mainly demonstrates the rampancy of drug crimes in the Chinese Northwestern areas inhabited by the minority nationalities and the unique regional and ethnical features of drug crime in that area.Whilst the high drug crime rate leads to more criminal cases applicable for temporary execution outside prison policy,and the underdeveloped economy is co-related with the high drug crime rate.Although N Province is located in Northwestern China,the drug crime rate there comes at the top in a nationwide ranking,and therefore drug crimes have been the major crime being fought against in W city for years.Based on the studies of typical cases bef-ore and after the amendment of Criminal Procedure Law,in the second section,the paper analyzes all kinds of problems arising in the process of implementing temporary execution outside prison policy among the special population committed drug crimes by the Intermediate People’s Court in W city over recent years.The temporaryexecution outside prison policy is a double-edged sword.If it is properly adopted,the motive of the policy,which is respecting and protecting human rights,shall be realized.But if it is misused,it may wrongly assist the criminals to escape from due legal punishment.The Intermediate People’s Court in W city follows the principle that any criminals applicable for the temporary execution outside prison policy would be granted the chance.But in the context of a high occurrence of drug crimes in W city and the deliberate evasion of criminals,such cases as evading management or escapingwere often seen after the policy execution among the special population.It has caused negative effectsfor it severely damaged the solemnity of punishment execution and fostered the opportunist criminals who want to evade punishment by taking advantage of this policy.In the third section,some suggestions for improving the temporaryexecution outside prison system in China are proposed on the basis of previous analysis and four measures that could be taken are concluded as follows:1.Amend the law and related regulations;2.Develop a substitute system;3.Establish special custody centers;4.Construct a long-term mechanism of comprehensive governance with related governmental departments performing their duties.