Reflecting On Criminal Execution Legislation

The system of criminal laws should be an entirety of criminal substantive laws, criminal procedural laws and criminal execution laws. The amended Criminal Law and Criminal Procedure Law make criminal substantive laws and criminal procedural laws trend to be perfect.But the mainstay law of the present criminal execution laws------Prison Law falls behind the time relatively. Its regulatory scope is limited; Her legislative authority is inadequate; Criminal execution rules and the other criminal laws are difficult to connect together or even conflicting. All those affect the uniform of the criminal laws seriously. Meanwhile, the poly-system of the executive subjects, including the penitentiary, the court and the public security bureau that execute penalty separately, makes the check and balance of power weaken, which undermines the way to make criminal execution regular and scientific.The dispersal of the criminal execution legislation and the poly system of the criminal executive subjects make it necessary that We should draw up an uniform criminal execution law. But whether to draw up an uniform criminal execution law or not is up to the factors whether it's necessary to lay it down, whether it is practical, whether the legislative technology is perfect. The writer inquires into the necessity of the legislation of a uniform execution law from the angle of the legislative situation, the legal position of the criminal execution, the inner regular pattern of the criminal execution and the essence of the criminal execution. On the basis of inquisition of the necessity of the uniform criminal execution legislation, the writer expounds the feasibility of the uniform criminal execution legislation from the social practical necessity, the execution practice, the theory study, thelegislation practice of criminal laws and the foreign experience. Then the paper lays emphasis on the inquisition of the legislative form, name, basis principle, basis contents and other legislative technology.It's normal that we'll meet with a lot of difficulty in the realization of the integration of our national criminal execution legislation and the integration of the criminal execution when we draw up a uniform criminal execution law. We can draw up a practical criminal execution code which will merge into the big family of the criminal laws only if we value the defects from the inner regular pattern of criminal execution, the dispersion of the criminal execution legislation, the criminal execution poly-subjects and treat the problems of criminal execution in theory and practice seriously.