检察机关监所监督权研究-法学理论专业论文.docxVIP

万方数据 万方数据 ABSTRACT Chinas prison Department duties include not only the execution of punishment according to law, but also includes the supervision personnel management according to law. As for the prison supervision right is the power of legal supervision law gives the Procuratorate. The power of supervision set up. There are two main: First is to ensure the prison Department legitimate management, including the law execution and management according to law；Second is the maintenance supervisors human rights, safeguard the legitimate rights and interests are not infringed. The procuratorate must accurately grasp the positioning of the right of supervision, give full play to the supervisory effectiveness. At the same time, the procuratorate should dare to supervision according to law，Implementation of the supervision of the initiative, and the effectiveness of preventive. In the judicial practice of the supervision power of the operational issues, did not reach its set objective. The supervision of the supervisory power to conduct a comprehensive study, trying to find the reasons, to solve. This paper aims to the supervision power of prison settings according to as a starting point, analysis of the necessity of prison supervision from four aspects of theory, history, foreign, constitutionalism, research purpose. At the same time on Chinese history and some foreign typical countries about prison supervision summary -- set the special supervisory right. As Chinas prison supervision for reference. Study on the power of supervision at all times and in all countries the prison execution subject, through analysis and comparison, clarify our procuratorate certainty as the executive subject to the supervision for the prison. Through the research of present situation and operation way set comparison, a typical case study, data analysis, summarizes our countrys judicial supervision for the prison. At the same time, the running situation of supervision of prison for analysis, a