关于强化暂予监外执行制度检察监督若干问题探讨

Research on Strengthening Procuracy and Supervision over System of Temporary Execution of Sentence outside Prison

暂予监外执行是我国刑罚执行的一种变通办法,但在执行中由于法律法规不明确甚至相互抵触,导致司法实践不一致,引发徇私枉法等违法犯罪行为,也给检察机关的监督带来困难。该文通过分析当前暂予监外执行中存在的问题及其原因,对监外执行制度检察监督提出几点对策建议。

Temporary execution of a sentence outside prison is one of the accommodations in executing penalty. The existing vague and even conflicting laws and regulations lead to the different judicial practice, which tend to cause criminality such as bending the law for personal gain and make the prosecuting authority in a difficult position to exercise the supervision. This paper puts forward several suggestions over the system of sentence execution outside prison on the basis of analysis of the existing problems and their causes.