法国刑罚执行法官及其启示

The Judge of Penalty Application of France and Its Inspiration

第二次世界大战以后,在多种因素作用下,法国开始设立刑罚执行法官,后经多次立法而不断调整其法律地位和职权范围。2000年以后,刑罚执行法官不再是司法行政官员,而是真正的初级司法官。当前,刑罚执行法官是法国刑罚执行的核心角色,规划并监督监狱内剥夺自由刑的执行条件和执行方式,以司法程序决定刑罚执行调整措施,并负责对开放环境下的刑罚执行进行跟踪监督。我国也应当设立刑罚执行法官,使其负责自由刑变更执行措施的审理及撤销,并对刑罚执行进行监督。设立刑罚执行法官还必须解决好制度衔接问题及现实问题。

After World War II, the judge of penalty application was instituted in France under the influence of multiple factors, and thereafter several laws intervened in its legal status and competence. After the year of 2000, the judge of penalty application is no longer judicial administrative officer, but has become authentic primary judiciary. At present, the judge of penalty application plays the central role in the penalty application and execution in France, and is the typical feature of the judicial system of France. The judge of penalty application plans and controls the executive conditions and manners of the penalty of deprivation of freedom in prisons, decides the executive adjustment measures, determines and adjusts the specific obligations of the offenders outside the prisons, and is responsible for the track- ing and oversight of the penalty execution in the open environment. In ourt country, the procedure of pa- role and reduction of penalty is essentially administrative, the judge of penalty application should also be instituted to decide the judgement of alternative execution measures of freedom penalty, and to supervise penalty execution. To institute this judge we,should solve the problems of link of systems and practical problems.