RUC Law Establish New Center to Enhance Researches on Criminal Execution Supervision2019/12/4
On 9 October, 2019, the foundation ceremony of the Criminal Execution Supervision Research Center of Renmin University of China (hereafter called CESRC) and the seminar on “the new development of China’s criminal execution supervision” was held in Renmin University of China. Experts and scholars from the Supreme People’s Procuratorate, Peking University, China University of Political Science and Law and other units were invited as guests to the conference. They pointed out the problems that exist in theoretical study and practical work, gave suggestions on the development of China’s criminal execution supervision, and expressed their high expectations for CESRC.
Part One: The Foundation Ceremony of the Criminal Execution Supervision Research Center of Renmin University of China
The foundation ceremony of CESRC was moderated by Professor Li Fenfei from Renmin University of China Law School. Prof. Li first welcomed and introduced the guests attending the conference.
After that, Professor Shi Yanan, Director of the Research Center of Criminal Jurisprudence of Renmin University of China, delivered a speech on the origin and functions of CESRC. Prof. Shi hoped that the establishment of the platform could facilitate the development of the combination within academia, and the cooperation of experts in practical departments. He stated that the effects of criminal law would ultimately be reflected through criminal execution and prison execution. As the research base of the Supreme People’s Procuratorate, CESRC will act as a platform that integrates experts from all walks of life and promotes the theoretical study of criminal execution supervision.
Professor Han Yusheng from Renmin University of China Law School reviewed the evolution of the concept of criminal execution and found that scholars pay more attention to the theory of crime and criminal procedures than to the theory of penalty and criminal execution. He hoped to take the establishment of CESRC as an opportunity to promote theoretical research on criminal execution, which is also a common responsibility shouldered by scholars and practical experts.
Liu Fuqian, Deputy Director of the Criminal Supervision Office No.5 of the Supreme People’s Procuratorate, pointed out that the goal of procuratorial work in prison is to send law-abiding citizens to society. The reformation of prisoners, which is of great importance to social stability, needs better theoretical guidance. He mentioned that the practical departments are willing to provide help in data, research, experiments and other aspects for CESRC, and hoped that more theoretical results will be achieved.
Deng Siqing, Director of the Academic Department of the Institute of Procuratorial Theory of the Supreme People,s Procuratorate, pointed out that criminal execution supervision, which involves various departments, is a rich source of theoretical study. Many problems like community correction, supervision methods, and penalty categories are worthy of study and discussion. Liu Pengtao, Political Commissar of the Qinghe Branch of Beijing Prison (and Drug Rehabilitation) Management Bureau, summed up the four problems that are in urgent need of reform in practice. First, the connection between Prison Law and Criminal Law or Criminal Procedure Law is not smooth enough, especially in regards to the rights and obligations of criminals and medical parole. Second, punishment individualization is reflected in judgments, but not fully applied in criminal reformation. Third, there are still some conflicts between Prison Law and Standard Minimum Rules for the Treatment of Prisoners. Fourth, the system of prison execution supervision should be improved.
The Unveiling Ceremony and the Appointment Ceremony were held afterwards.
Part Two: Seminar on “the New Development of China’s Criminal Execution Supervision”
The seminar on “the New Development of China’s Criminal Execution Supervision” was moderated by Prof. Fu Liqing, researcher at the Research Center of Criminal Jurisprudence of Renmin University of China. Scholars had a heated discussion on problems in theories and practices.
Prof. Chen Weidong, researcher at the Research Center of Criminal Jurisprudence, said that criminal execution supervision is a comprehensive procuratorial issue with great importance. It involves criminal law, criminal procedure law, prisons, and community correction, as well as other matters such as the protection of detainee’s rights, the examination of the necessity of detention and the role of the people’s supervisor. He pointed out that with the development of information technology, more studies are required on the methods and standards for supervision of prosecution, the interaction between execution supervision and prisons, and the choice of supervision mode between patrol or accreditation, overall supervision or specific supervision.
Prof. Wu Zongxian from Beijing Normal University Law School put forward four suggestions for the future work of CESRC. Firstly, the new requirements for the police with the new development of criminal execution supervision should be evaluated. Secondly, a comparison should be made between China and other countries, and lessons should be drawn from relevant systems. Thirdly, the relation between prosecutors and supervisees should be clarified. Fourthly, the focus of procuratorial work should be reformed. He proposed that the discovery and correction of miscarriages of justice might be the emphasis of current work.
Prof. Chen Ruihua from Peking University Law School reviewed the development of criminal execution supervision. He said that execution supervision plays an important role in fighting against corruption in medical parole, commutation, and parole. He suggested that the research of CESRC should be problem-oriented and reform-oriented. In addition, Prof. Chen mentioned that the supervision of coercive measures, execution and duty crimes should be integrated.
Prof. Xiong Qiuhong from Institute of Law of Chinese Academy of Social Sciences pointed out that the expansion of the function of procuratorial supervision is closely linked to the changes in the structure of penalty and in the way that penalty is enforced. The theoretical study should adhere to the perspective of criminal integration and the criminal policy of combining punishment with leniency.
Prof. Zhang Zetao, Dean of the Law School of Guangzhou University, believed that artificial intelligence and big data will contribute to connecting all departments of criminal execution supervision, overcoming manpower shortage and leaving traces of handling cases. In this way, the standardization of criminal execution supervision will be promoted and the lag of supervision will be avoided.
Prof. Wang Ping from China University of Political Science and Law School of Criminal Justice said that every prison should have a prosecutor. He specially mentioned the difficulty in the enforcement of property penalty due to the problem of identification.
Chen Guohua, Deputy Director (Division of Penalty Execution), Yao Jingqiang, Deputy Director (Division of Education and Rehabilitation), and Yang Chang, Police Officer from the Qinghe Branch of Beijing Prison (and Drug Rehabilitation) Management Bureau also shared their opinions on the problems that exist in prison work.
Prof. Han Yusheng from Renmin University of China Law School delivered a summary speech. He hoped that there would be more exchanges between academia and practice, and suggested that issues be divided into different subjects for future discussion.
(Editor: SUN Hanlin, QU Yinsheng, Chloe Shortall)