On Perfecting China’s Probation Legal Supervision Mechanism

The voice of humanitarianism and protection of human rights in all countries of the world is rising increasingly.The application of punishment in the developed countries is beginning to change to the socialization of execution and the direction of light punishment.At the same time,China also follows the trend of the times,and summarizes the new criminal mechanism of "tempering leniency with mercy".In recent years,more and more people’s courts in our country also actively apply the prison sentence in criminal trial.As a whole,this is the performance of China’s legal construction in the international direction,and also the achievements of our judicial reform at a certain stage.However,there are some inadequacies mainly due to the influence of traditional ideas,such as "heavy entity,light flow",etc.Under the influence of the thought of class,the application of the domestic prison outside the prison does not keep up with the international pace.On the contrary,there is a clear gap,such as the imperfect operation process,the legal system in the blank zone,the legislative provisions,and so on are the common phenomena in the temporary supervision system.As far as the judicial practice is concerned,the illegal events such as "preserving the generation" and "replacing the money with the money" are repeatedly prohibited.This is not consistent with the original purpose of the temporary supervision of the implementation of the original purpose of guaranteeing human rights,but also reduces the authority of the judiciary and is not conducive to the stable development of the society.In order to completely solve the various problems in the execution of the outside prison,it is necessary to reform and improve the relevant legal system,to design a more sound and more efficient working mechanism,and the procuratorial organs must carry out strong judicial supervision.In short,under the current background,the construction and improvement of the temporary supervision mechanism for the enforcement of the law must be carried out to ensure the effective implementation of the current temporary supervision.This paper focuses on the status of the legal supervision of the domestic temporary supervision,analyzes the existing problems,and puts forward some suggestions and solutions to solve the problems,so that the procuratorial organs can realize the omni-directional monitoring of the execution of temporary supervision,and explore the improvement of the mechanism for the implementation of the penalty for the domestic supervisors.The structure of the article is divided into five parts:The first part is the introduction.This part analyses the humanitarian background of the temporary supervision,and makes a comprehensive analysis of the research materials on the construction of the legal system for temporary supervision.The construction of the relevant legal supervision mechanism for the execution of the temporary supervisors is the focus of this article.Before the in-depth study of the subject,it is necessary to have an objective cognition on the execution of the temporary supervisor.Therefore,in the beginning part of the article,the concept and characteristics of the temporary supervision and the content of the execution are introduced one by one,and then the concept of the temporary supervision of the enforcement of the law is expounded.Image and content,and legal basis,etc.,finally,from a theoretical perspective,we will make preparations for further research.In the second part,by comparing the legal supervision of the Anglo American law system,the continental law system and the former Soviet Union and Russia,it is concluded that all the countries pay much attention to the common characteristics of the legal supervision system,the establishment of supervision institutions,the strengthening of supervision and restriction power and the supervision force.The third part expounds the current situation,analyzes the legislative evolution,the legislative status,the current situation of judicial practice and the shortcomings of the legal supervision,and analyzes the problems in the legal supervision,and sums up the causes of these problems.In the implementation of the system of temporary supervision,there will be a lot of difficulties,some of which come from the objective factors and the other part of the supervision problem,which is also the main problem.At present,the law enforcement is not smooth.There are many unexpected situations.The reason is that the regulatory mechanism is not perfect.Based on this,in my view,perfecting the legal supervision system of procuratorial organs is the primary task to solve the problem of temporary execution outside prison.The fourth part,based on the above problems and causes,explores how to improve and perfect the legal supervision mechanism for temporary supervision outside prison.In this process,we can refer to the practice of the developed countries,but it is necessary to note that because of the different national conditions,we should refuse to take the doctrine,and we should solve the specific problems in the implementation of the system and the implementation of the system.Therefore,in the fourth part,first of all,we put forward some suggestions on the improvement of the legal supervision mechanism of temporary supervision from the legislative point of view.Secondly,it makes detailed discussion and analysis from the three angles of the strengthening of the procuratorial supervision,the sound supervision mechanism and the coordination of community correction.At the same time,it combines with the existing judicial system to improve the enforcement of the legal supervision mechanism for temporary supervision.It is hoped that these proposals can provide valuable references for the construction and improvement of the legal mechanism for the temporary execution outside prison.The fifth part is the conclusion,reviewing and summarizing the research of the full text,looking forward to the future research direction,predicting the prospect of the implementation of the outside supervision system,trying to provide constructive suggestions for the implementation of the temporary enforcement system of our country and the perfection of its legal supervision mechanism from the two aspects of legislation and judicature.