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行刑即刑罚的执行,是指行刑机关根据人民法院作山的判决、裁定,实现对罪犯所宣告的刑罚的活动。行刑监督则是指法律赋予人民检察院对刑事案件判决、裁定的执行及行刑机关的活动是否合法,实行法律监督。这项工作既有执法监督的内容,又有部分行政监督的内容,较之其他检察业务具有范围广、综合性强、涉及问题复杂的特点。加之一些同志对这项检察业务的性质、任务和作用不甚了解,以及立法不够健全,致使行刑监督工作开展得不够得力,成为整个检察业务中的一个较为薄弱的环节。为适应社会主义市场经济新形势对法制建设的更高要求,依法全面履行行刑监督职责,充分发挥其在维护社会主义法制中的积极作用,笔者对行刑监督问题进行了几点思考,以期和同仁共同探讨。
The execution of the penalty, that is, the execution of the penalty, refers to the activity of the execution agency in accordance with the verdict and ruling of the people’s court on the hill and the penalty of proclamation to the criminal. Execution supervision means that the law confers on the people’s procuratorate the legitimacy of the execution of judgments and rulings in criminal cases and the execution organs, and carries out legal supervision. This work has both the content of law enforcement supervision and the content of some administrative supervision. Compared with other prosecutorial services, this work has the characteristics of being extensive, comprehensive and involving complicated issues. In addition, some comrades do not fully understand the nature, mandate and role of the prosecution service and the legislation is not sound enough. As a result, execution supervision has not been carried out properly and has become a weak link in the entire prosecution service. In order to meet the higher requirements for the legal system construction under the new situation of socialist market economy, we should fulfill its duty of supervision and execution in full compliance with the law and give full play to its positive role in safeguarding the socialist legal system. The author made some considerations on the execution of supervision and execution, Discuss together.