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Research on the Improvement of Chinese Prison Supervision

Author: LiuShaSha
Tutor: XueRong；GuanZhongXiang
School: Shanxi University
Course: Legal
Keywords: prison prosecutorial supervision improvement of law
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


The essential purpose in which prison supervision establishes and develops lies in the control of the working of the prison warders’power to safeguard human rights, in particular the legitimate rights and interests of prisoners. In 2008, Chinese supreme people’s prosecutorial office issues<jail supervision regulations of people’s prosecutorial office>,<detention house supervision regulations of people’s prosecutorial office>,<labor reformatories supervision regulations of people’s prosecutorial office> and <execution outside of jail supervision regulations of people’s prosecutorial office> (also called’Four regulations’).’Four regulations’come up to the purpose of prison supervision, and effectively make up for the shortcomings of previous relevant legal norms of prison supervision, i.e. practicability deficiency. However, on account of legal force and other issues, Chinese prison supervision is still lacking in reasonable legal norms. What’s more, in recent years illegal conducts in prison are piling up one after another, so prison supervision in the dilemma arouse the public concern much more. Then the writer expounds Chinese prison supervision with the sincere hope that the thesis will be helpful to the development of Chinese prison supervision.The thesis is composed four chapters. At first, the writer begins with typical cases about illegal conducts in prison. Through preliminary analysis of the cases, the writer finds out that failing and missing prison supervision is not only the primary cause of illegal conducts in prison, but also the serious status quo in China. As a result, the core of the thesis is to expound the improvement of Chinese prison supervision. Secondly, the writer introduces the theory about prison supervision to build a solid theoretical basis for the below. Thirdly, the writer reviews the defect of current Chinese prison supervision in legislation and juridical practice. The writer uses induction to summarize legislative authority of Chinese prison supervision, and examines its fault from macroscopic and microcosmic points of view. And the writer uses case studies and empirical analysis to find its trouble in judicial practice. All of these analysis foreshadows the further discussion. At last, according to the defect and realities of current Chinese prison supervision, and the advanced prison supervision in Japan and Russia, the writer shoots the arrow at the target, and put forward strategies and recommendations for the improvement of Chinese prison supervision from four aspect that is enactment of law about prison supervision, standardization of supervisor, improvement of the systems in prison supervision, check and balance of prison supervision.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Procuratorate
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