财产刑执行与减刑假释联动机制实施情况研究

Study on the Implementation of the Linkage Mechanism of Property Sentence Enforcement and Parole Reduction

财产刑执行情况影响减刑假释有理论、规范性文件的支持,财产刑执行现状对建立联动机制提出了要求。从最高人民法院到地方各级人民法院已经开始推进财产刑执行情况与减刑假释联动机制,在一定程度上提高了财产刑执行到位率,但是应当看到这一制度也引发了一些负面效应。为完善联动机制可从如下方面着手:明确监狱协助财产刑执行的职责;统一财产刑执行情况与减刑假释联动程序;建立罪犯以劳动报酬履行财产刑的制度;充实减刑假释办案队伍;加强检察机关对减刑假释工作的监督。

There are theories and normative documents supporting that the execution of property sentences affects the reduction of sentence and parole, as well as the current situation of property sentence execution has put forward requirements for the establishment of the linkage mechanism. From the Supreme People’s Court to local people’s courts at all levels, they have started to promote the linkage mechanism between property sentence execution and parole reduction, which has improved the rate of property sentence execution in place to a certain extent, but has also caused some negative effects. In order to improve the linkage mechanism, we can start from the following aspects: clarify the responsibility of prisons to assist in the execution of property sentences;unify the linkage procedure between the execution of property sentences and parole commutation;establish a system for criminals to fulfill their property sentences with labor remuneration;enrich the parole commutation team;and strengthen the supervision of the procuratorial organs on the work of commutation of parole.