Research On The Chinese Criminal Execution

The Execution, also called"the Criminal Execution", refers to criminal judicial activities implementing punishments determined by criminal laws. This paper conducts the rational analysis and overall reflection on the criminal execution in China through observing the criminal execution history of New China, which is totally different from we did before. This paper emphasizes the important significance of historical perspective in constructing the execution knowledge, as well as forming the knowledge pedigree concerning Chinese criminal execution with the criminal execution history of New China as its research angle of view or clues.There are 7 parts in this thesis:Part 1 is the preface. The paper performs an overall introduction and criticism about the criminal execution in China firstly and reviews demerits in the research before on the basis of summarizing and borrowing ideas from past research fruits. Secondly, it generalizes the realistic significance and necessity of studying Chinese execution problems rationally. Last, it proposes its own researching thinking and perspectives, which is to study the knowledge pedigree of Chinese criminal execution basing on the whole retrospect of the criminal execution history of New China.Part 2 is on the general overview on the criminal execution. Under the knowledge pedigree of Chinese criminal execution, the generalized carding of the criminal execution is the premise and basis for further research. As for the execution in prison, it means varieties of measures adopted in prison for executing imprisonment punishments, while the execution in society refers to varied measures adopted outside of the prison for executing non-imprisonment punishments. The features of .the execution in prison include wide-range application, deep effects, special venues, stringent supervision, nation-manipulating, high costs, obvious results and plenty of defects, meanwhile, The features of .the execution in society include regaining emphasis, focusing on human rights, returning to society, novel measures, humane methods, multi-subjects and humble costs. On one hand, the paper expounds the definition, characteristics and categories of the criminal execution, especially studying the execution in prison and execution in society respectively; on the other hand, it sums up the purpose, value and principles of the criminal execution, particularly making rule of law the prime principle in the criminal execution mechanism.Part 3 is on the rational review of the criminal execution history of New China. In this paper, the historical analysis is kind of constructive thinking path. According to relations between policies and laws, this thesis divides the criminal execution history of New China into 3 phases, namely, policy-dominant phase, politics and laws phase and pursuit of rule of law phase. Through presenting the above-mentioned 3 developing phases about Chinese criminal execution, the thesis constructs the knowledge background and historical framework of the criminal execution, as well as raising 3 significant researching domains on the criminal execution which is social control, law transplanting and execution civilization respectively.Part 4 is on the social control. Social control means the process of limiting social organizations'members'social actions by using regulations. This is the essential discipline of the criminal execution. The criminal execution has similarity with the social control in terms of methods, purposes, subjects and objects to some extent, which means the criminal execution is kind of social control in essence. The author believes that in law history, the criminal execution is undoubtedly a criminal executive judicial activity; but in a broader perspective of social history and political history, it is a kind of social control; and in a comprehensive perspective of law history, political history and social history, exactly speaking, the criminal execution should be sort of law-dominant social control. As a main controlling way, the implementation of law still needs other ways to coordinate and cooperate with , such as morals, customs, administration, policies, disciplines, education and psychological correction.Part 5 is on the law transplant: the developing path of Chinese criminal execution system. By elaborating the background, current situation, process and features of Chinese criminal execution law transplant, this paper looks forward the advancing trend and developing direction of the law graft. Meanwhile, this paper proposes that the developing path of execution law transplant includes two sorts of coordination, namely the one between execution systematic transplant and execution cultural transplant, and the other one between external execution system and local resources. Part 6 is on the criminal execution civilization: the value pursuit of Chinese criminal execution reform. By studying the necessity of pursuing criminal execution civilization, this thesis raises basic requirements for building the criminal execution civilization in China, namely, rule of law in the criminal execution, human rights protection and safeguard society, as well as conducting rational explorations for realization path of the criminal execution civilization. Specifically, the realization of criminal execution civilization should start off in two aspects, one is to transform the criminal execution notions and the other is to renovate the criminal execution system.Part 7 is on the thinking about innovations of Chinese criminal execution system. Basing on the above-mentioned research, this thesis does the organic integration and systematic cardings for the essential disciplines of Chinese criminal execution development, and also proposes systematic and detailed countermeasures for innovations of the criminal execution system in terms of the system in jail and the other system in society. The integrated innovation initiative should reach the following three objectives: firstly, the initiative is supposed to be a comprehensive execution one covering many fields such as macro and micro, integration and parts, notion tactics and specific measures, execution subjects and administration staff, inner correction management and outer environment. Secondly, this initiative should be able to wholly recognize, reflect and integrate basic rules of execution in China, which need to be conformed to in perfecting all kinds of execution systems. Last, since this initiative is the fruit of abiding by execution rules, it would be a long-term social systematic project which is supposed to be implemented by stage, steps, and emphasis. This initiative mainly proposes systematic and specific countermeasures about execution system innovations in two layers of execution in prison and in society. In the aspect of execution in prison, the innovation suggestions include perfecting the corresponding management mechanism in'prison law', adjusting prison layout, ameliorating prison facilities, deeply implementing education punishments, individualization treatment and socialized treatment notion, strengthening construction of police in prison, purifying functions of prisons and transforming enterprises affiliated to prisons. In the aspect of execution in society, it should include deepening theory researches, completing social execution legislations, constructing administrative systems, widely absorbing diversified subjects in society to attend execution activities, and so on.