Study On The Difficulties And Perfect Countermeasures Of Prison Penalty Execution In China

With the improvement of the law and the progress of modern science and technology,prison punishment faces with the contradiction between "human rights protection" and"criminal punishment",the complex structure of detainees and the single method of education,the relative closure of prisons and the need for social assistance.While carrying out diversified reforms,such as prison modernization,the concept of root cause security,the five major reforms,smart prisons,and social corrections,the state is also facing many difficulties and challenges.The first part is the survey of prison penalty execution.The principles and purposes of the enforcement of criminal punishment in China’s prisons are introduced,and the history of the development of prisons in China is reviewed,and the development and transformation of criminal punishment ideology have not only left a deep impact on the development of modern prisons,but also summarized the experience and lessons.With the innovation,in addition to punishment,prevention and correction,the purpose also pursues the purpose of reshaping the new life,through education and reform,with the sentence as a study.It means that prison sentence enforcement can play a role in undertaking the process of criminal punishment from receiving punishment to resocialization,so that criminals can regain the ability to adapt to society,and can abide by the law and have a new life after returning to society.The second part discusses the five dilemmas faced by the enforcement of prison penalty execution in China.First,there is a lack of systematic legislation,and the lagging Prison Law needs to be further coordinated with other criminal laws;Second,it is difficult to achieve the purpose.The incentive effect of commutation and parole is insufficient.The application rate of temporary execution outside of prison is low.And the internal motivation for the reform of criminals is insufficient.It is necessary to improve the change of criminal punishment from the purpose of criminal punishment,so that the punishment modification measures that combine leniency and severity promote criminals to change "passive reform" to "active reform ":Third,the exercise of the power to enforce criminal punishments is not standardized.the list of powers of each criminal punishment enforcement department is not clear,which affects the efficiency of enforcement,in addition,the ratio of police to prisoners at the grass-roots level in prisons is insufficient,and criminal management is easy to lead to law enforcement problems:Fourth,the standards of protecting the rights of criminals are not clear.The degree of protection varies according to the different levels of economic development in various places,and the problem of abuse of criminal rights has become prominent;Fifth,the management of old,sick and disabled criminals lacks social support,and the treatment of difficult and miscellaneous diseases and the care of the elderly,weak,sick and disabled bring great pressure to prison management,and free medical treatment induces the problem of"going to prison to recuperate from illness and old-age care".The third part proposes perfect countermeasures for the enforcement of prison penalties in China.The first is to learn foreign experience to improve relevant legislation.Learn the lessons of "mass incarceration" in the United States.Enhance the positive role of criminal punishment in social stability.Learn from Japan and Norway to establish a unified mechanism and legal system,and learn from Singapore’s socialized punishment enforcement methods.The second is to optimize incentive measures,achieve the purpose of punishment,give criminals the hope of returning home as soon as possible,and stimulate the competitiveness of opportunities to strive for,and strengthen the substantive assessment of criminal performance.The third is to standardize the exercise of power,improve management efficiency,integrate the power of various departments,and strengthen the supervision of the exercise of power.The fourth is to smooth the channels for safeguarding rights,protect the basic rights of criminals,do a good job of legal aid work in prisons,and strengthen compulsory education on the rights of criminals.The fifth is to coordinate with social departments to promote integration construction,establish and improve a long-term mechanism for the participation of all social forces.