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检察机关对刑罚变更执行活动实施监督,是检察机关在刑事诉讼活动中履行法律监督职责、维护刑事法律统一正确实施的体现。目前在刑罚实践中,很多违法执行、侵犯服刑人员合法权益的情形,都发生在减刑、假释和暂予监外执行这些变更执行的环节上。造成这种现象的原因有很多方面,检察机关的检察监督职能是否发挥到位,也受到理论界及实务部门的关注。本文对刑罚变更执行的检察监督问题展开研究,探索建立同步监督机制,以期促进刑罚变更执行活动依法进行,从而进一步完善刑罚执行制度。
Procuratorial organs to supervise the implementation of the penalties change is the embodiment of the procuratorial organs’ performance of legal supervision in criminal proceedings and safeguarding the uniform and correct implementation of criminal law. At present, in the practice of punishment, many cases of illegal execution and violation of the lawful rights and interests of inmates have occurred in the process of commutation of sentence, parole and temporary execution of these changes. There are many reasons for this phenomenon. Whether procuratorial and supervisory functions of procuratorial organs have been put into full play has also drawn the attention of theorists and substantive departments. This paper studies the prosecutorial supervision on the implementation of the Penalty Penalty, and explores the establishment of a synchronization supervision mechanism so as to promote the implementation of Penalty Penalty Reform in accordance with the law so as to further improve the Penalty Execution System.