The Criminal Punishment On Property And Commutation Parole Linkage Mechanism Research

In terms of the problem of the property penalty execution difficult has been a common issue in the judicial practice of our country. Currently, punishment on property,our country’s situation is not perfect enough, especially in the punishment of the property of the prisoners is not ideal. Many inmates after the property punishment in its execution still didn’t get executed or all. As for the property penalty execution, in 2010 the supreme people’s court made the provisions about the property punishment execution problems;On September 19, 2016, the supreme people’s court trial committee by the 1693th meeting of the supreme people’s court on the provisions of the law of the concrete application case to handle the commutation and parole", stipulated explicitly put forward effective referee in the property of the execution of punishment to item ought to deal with cases of commutation and parole as one of the comprehensive consideration, for fulfilling the ability fails to perform or not perform all property punishment for the inmates,when handling the commutation parole should be according to other inmates refers to. Despite the property executed prisoners and the commutation of parole linkage is controversial in theory. However, the practice has been obtained in practice is ensure, and in 2016 the supreme people’s court has issued "on the provisions of the law of the concrete application case to handle the commutation and parole clearly. Although in the judicial practice at present inmate’s property penalty execution has become the commutation of parole is an important factor. However, since the lack of a unified and effective linkage mechanism, inmate’s property punishment execution in commutation operation still has many defects and shortcomings of parole which not only restricts the initiative and enthusiasm of the inmates perform property punishment, it is also affect the sentence parole justice of case to deal with.The author through to their work in prison, the prison inmates in recent years commutation parole property penalty execution and reporting of data statistics and investigation, with pragmatic attitude, positive and innovative thinking, an objective analysis of the problems of linkage mechanism, puts forward personal opinions, and combined with the relevant laws and regulations, put forward the idea of linkage mechanism and basis of promoting a fair, orderly and system closely, tempering justice with mercy property executed prisoners and the commutation of parole linkage mechanism. The full text is divided into four parts as follow. First, through the establishment of prison inmate’s property punishment enforcement difficulty leads to punishment on property and commuted the background and structure of parole linkage mechanism; Second, from the current judicial practice of punishment on property analysis of inmates with commutation parole characteristics of linkage mechanism and basic principles. Third, it is suggested that the court, procurator ate, prisons and inmates and FanShu analysis current inmate’s property penalty execution and commuted the actuality and parole linkage mechanism. Fourth, it is recommended that the legal,institutional, and operational procedures, Suggestions to consummate the inmate’s property penalty execution and commutation parole linkage mechanism of measures and countermeasures.This article is based on their own work practice, from the current inmates property penalty execution and commuted the present situation of the parole cases reported to put forward some personal opinions from grass-roots practicality, high maneuverability. At the same time, in the process of commutation parole prisoners by the prison, the coordination between the court and the procrastinates execution work,completes the inmates property jointly improve the efficiency of property penalty execution, realize judicial fairness and justice.