论文部分内容阅读
随着我国法治化进程的发展,如何保证刑事司法活动各环节的规范运行,日益引起社会各界的高度关注。其中,罪犯交付执行前暂予监外执行作为刑事诉讼中容易被忽略但又至关重要的一个环节,近年来备受理论界和实务界的重视。有关法律虽然对暂予监外执行作了一些规定,但是实践中仍存在不少法律适用的难题和操作的盲区,主要表现为相关法律规范过于简单粗糙,对罪犯病情的组织诊断工作不够规范,以及刑罚执行方式变更为暂予监外执行的职权配置不够明确。
With the development of the rule of law in our country, how to ensure the standard operation of all links in criminal justice activities has aroused more and more attention from all walks of life. Among them, the offender before the implementation of temporary execution outside prison as a criminal procedure is easily overlooked but crucial part, in recent years has received much attention of theorists and practitioners. Although the relevant laws have made some provisions on the temporary execution outside the prison, there are still many legal problems and operational blind spots in practice. The main problems are that the relevant laws and regulations are too simple and crude, and they are not normative about the organizational diagnosis of offenders’ As well as the change in the mode of execution of penalties to that for temporary execution outside the prison, is not clear enough.