Japanese Execution Mode And Its Reference

The execution of penalties is the final chapter after criminal legislative activities and criminal justice activities,and it is also a necessary step to implement penalties.The quality of penalty execution determines the effectiveness of the penalty.In our country,the quality of the execution of punishment is mainly reflected in the quality of our country's Prison Law.In fact,the Prison Law of China has some problems due to the change in the concept of execution and some other factors.The shortcomings mainly include the following aspects:First,the Prison Law is out of touch with other departmental laws.Second,the concept of execution is lagging.Third,the rules of the law are sparse.Finally,the supervision of prison administrative power is insufficient.Therefore,it is imperative to revise our country's Prison Law.In 1908,Japan abolished the old Prison Law and promulgated the new Prison Law called "The Act of Criminal Detention Facility and the Treatment of Detainees",which is a compound law that unifies management law and treatment law.Not only has the criminal facilities been optimized,but the concept of execution and the principles of punishment are worth learning from.Since then,the status of the idea of the rule of law in Japan's execution has been prominent,and the legal subject status of the inmate has been established.The Act's promulgation and implementation shows that as a necessary link in the practice of criminal law,prison execution should reflect the protection and reform functions of penalties in social.It should not just impose penalties bluntly,but need to integrate civilization of penalty into modern social civilization.This provides a good blueprint for the revision of our country's Prison Law.The degree of the rule of law in the modern countries is an important symbol of a country's advanced level.This paper through combing the Japanese prison legal system and its execution concept to analyze the protection of the rights of detainees and introduce Japanese execution concepts.The revision of our country's Prison Law needs to learn from Japan's advanced execution experience on the basis of inheriting the experience of Chinese prison execution,from the legislative purpose,execution concept,legal framework,protection of the rights of detainees,restrictions on prison management rights and other aspects to improve our country's prison execution system.