Research On The Temporary Execution System Outside Prison

The current temporary execution of supervision in China refers to criminals who have been sentenced to criminal detention,fixed-term imprisonment and life imprisonment(currently only referring to pregnant and lactating women).When they meet certain conditions stipulated by law,their physical condition is no longer suitable for prison.Institutions such as detention centers continue to enforce penalties,and the court or prison administration approves that they can temporarily stay outside the prison,and community correction agencies continue to execute unfinished penalties.Temporary execution outside the prison is a modification of the prison sentence,reflecting the criminal policy of penalizing criminals in China and combining them with re-education.The structure of the provisional supervision system has highlighted the fact that China’s penalties have gradually become humanized and non-custodial,which is an important achievement of China’s criminal justice reform.Judging from the history of world penalties,the application of penalties has gradually evolved from severe punishment to light punishment.It has generally experienced corporal punishment and life punishment,universal application of imprisonment(freedom penalty),imprisonment of imprisonment and non-custodial punishment.In the three stages of development,vigorously developing non-custodial penalties in the future is a new and necessary stage.Due to the tradition of heavy punishment in China,non-custodial penalties such as temporary execution of supervision have not been taken seriously.In recent years,they have been reflected in many laws.As an important part of the execution of punishment in China,the execution of temporary execution is also the current execution.One of the important contents of socialization is to embody the important system of criminal punishment and humanitarianism.It conforms to the idea of international mainstream criminal individualism.From an economic point of view,it is in line with the urgent need of China to reduce the cost of justice.The current judicial environment is relatively friendly to the temporary execution of supervision.From the legislative aspects and relevant regulations,it can be seen that China’s support for temporary execution of supervision is gradually increasing.The Criminal Procedure Law and other related amendments adopted in 2018 are adopted.The combing of laws and regulations has relatively perfect regulations in various aspects such as applicable conditions,procedures,execution methods and supervision.However,China is still in the initial stage of socialization of execution.It is inevitable that there will be some inadequacies in the implementation of temporary execution of supervision.There are deficiencies in the legal provisions,short trial time for community correction,inadequate medical treatment system,and inadequate legal supervision.The problem cannot be ignored.At present,China has multiple obstacles in the application of laws,laws and practices in expanding the application of non-custodial sentences.Judging from the judicial practice in our country,there are still many places worthy of improvement and excavation for the temporary execution of the supervision system.The superiority of the system is far from being effectively exerted.Therefore,how to reform and improve the temporary execution system outside the prison is temporarily The improvement of the external execution system is particularly important.According to the practical issues summarized in the multi-faceted and multi-level regulations,such as scope of application,community correction,legal supervision,etc.,for example,the provisions on the application of temporary temporary supervision are not comprehensive,the conditions are not perfect,and the medical treatment and community are guaranteed.There are still a lot of corrections in the settings,the supervision is not deep on the surface,and so on.In response to the problem,we will propose specific solutions from the four aspects of legislation,procedure,implementation and supervision,improve the setting of the temporary execution targets in China,and further elaborate the out-of-pocket medical treatment system and community in China.Correction system,supervision should increase the way of on-the-spot supervision,etc.,and provide advice and suggestions for the long-term development of China’s temporary implementation system.Only in this way can we achieve the original intention of the legislator to establish a non-custodial sentence for temporary execution outside the prison.