完善暂予监外执行制度的立法路径——以一起监狱管教民警徇私舞弊被判刑案件为视角

多年来,对监狱服刑人员的"减假保"特别是以"保外就医"为由的"暂予监外执行"引发的"徇私舞弊案"屡见不鲜。从一起案例入手,对监狱服刑人员暂予监外执行的现状、问题和成因进行历史地回顾和深入地研究,提出增设对暂予监外执行罪犯的担保制度,将暂予监外执行罪犯纳入社区矫正对象,将暂予监外执行纳入司法程序,实行暂予监外执行期间折抵刑期司法的确认制度等立法建议。

On the Legislative Path of Improving the System of Temporarily Srving a Sentence Out of Prison

for many years,so common is the practice of favoritism and fraudulence caused by the abatement from penalty,parole or release on bail for medical treatment for the persons who are serving sentences especially the temporary service outside prison for the medical parole.Beginning with a case,this essay will have a historical review and advanced study on the current situations,problems and causes of the temporary service outside prison for the prisoners;it will also put forward some legislative proposals including setting a guarantee system to the offenders of temporary service of sentence outside prison,bringing those offenders into community correction objects,bringing temporary service outside prison into judicial procedures,and carrying out the judicial confirmation system of commuting prison term during the temporary service outside prison and so on.