An Empirical Study On The Execution Of Prison Servants' Property Punishment

With the continuous development of China's legal system and the development of social economy,after nine amendments to the criminal law,every amendment is basically focused on fine penalty,and the nine amendment involves property punishment.As a supplementary punishment free punishment,to deprive criminals of property interests for the content of the property punishment,to make up for the disadvantages of short-term freedom penalty,while increasing regulations on economic crime and criminal law,other types of intentional crime punishment,its function is flexible to punish criminals,ability in deterring crime and deprivation the criminals to commit crimes.This is of great significance to the prevention and attack of crime.The modern penalty theory holds that if the penalty has gone out of execution,the penalty will lose its original meaning,so the penalty lies in the better execution.If we cannot execute effectively according to the established procedures of the law,we will injure the seriousness and authority of the law,and make the criminals lucky or even risk another crime,which are contrary to the original intention of the state in making property punishment.At present,the court hearing commutation,parole cases reported in the prison,criminal execution obligations as the basis to fulfill the consumption situation of criminals,property punishment,prison synchronization trial,the starting point and the purpose is to promote the implementation of the criminal court to ensure all punishment,suiting punishment to crime to prevent the criminals,enrichment,so as to achieve the purpose of legislation to achieve the relief of property punishment.The full text is divided into three parts:In the first part,the general theory of property punishment is mainly expounded.First of all,to explain the origin of the law and the development trend of the property punishment;secondly,the prison execution of property punishment significance in criminal justice enforcement,economic legislative purpose,commutation and parole work requirements,and thus to the property punishment theory have certain understanding and pave the way for the following.The second part is to analyze the current situation of the execution of the prison property and punishment and the difficulties faced.The execution is influenced by the cognitive and criminal legal relatives in place,prison cooperation is not strong,lack of practical factors such as the implementation of the court of the prison of the property punishment,property punishment and sentencing standards are not unified,cut the credibility of law;executive ability that the lack of system security,the country presents "chaos" situation;pay channel is not smooth,positive pay is not high;the judicial organ with no understanding,lack of supervision and restriction mechanism;increase the difficulty of monitoring,Dilemma and contradiction of criminal judicial reform etc..The third part is mainly to improve the Countermeasures of the execution system of Prison Criminals in China.Through the analysis of criminal property in China in the process of the value of prison punishment execution system,the implementation of criminal property defects with efforts to perfect it in the legislation safeguard mechanism,procedure mechanism,power supervision mechanism,to further improve the criminal execution ability examination mechanism,standardize the examination institution;improve the commutation and pay fines hook,relief system;establish and improve the smooth criminal property payment mechanism;the introduction of property to a public security department executive system;perfect coordination mechanism;strengthen the procuratorial organs of the execution supervision,highlighting the focus of supervision.