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暂予监外执行是我国一项重要的刑罚变更执行制度,既打击了罪犯,又体现了人道主义精神,彰显了我国宽严相济的刑事司法理念。但由于当前暂予监外执行的启动、审查决定等程序立法不明确、不科学、操作性不强,导致暂予监外执行制度运行陷入困境,违背了该项制度“行刑人道主义”的立法初衷,损害了司法权威和司法公信力。为此,应克服暂予监外执行程序的行政化倾向和实施主体多元化等缺陷,探索建立公开审理的暂予监外执行审判模式,以期发挥这一制度的应有功效。
The temporary implementation of prison supervision is an important system for the punishment and punishment of criminal penalties in our country. It has not only cracked down criminals, but also embodied the humanitarian spirit and demonstrated the concept of criminal justice with a strict and conciliatory nature in our country. However, due to the current temporary suspension of supervision and execution, the review and decision-making procedures and other procedural legislation are not clear, unscientific, and poorly operational, resulting in the temporary suspension of the implementation of the supervision and execution system, which runs counter to the “system of execution of humanitarianism” The original intention of legislation, undermining the judicial authority and judicial credibility. To this end, we should overcome the shortcomings of the administrative tendency of temporarily administering the prison to the outside and the diversification of the implementation of the main body. We should explore the establishment of a temporary trial mode of execution outside the prison in order to give full play to the due effectiveness of this system.