Several Problems On The System Of Criminal Execution

Criminal execution is the criminal judicial activity that judicial body executes the court's effective judgments. It values important in the whole criminal judicial activities. At present, there are a few questions in criminal execution to be studied and explored.The bodies of criminal execution is the country's bodies that execute penalty according to laws. Followed by the laws in effect in our country, the bodies of criminal execution include that courts, public security organs (including detention houses) and the organs of execution of punishment (prisons). At present, there are problems among the bodies of criminal execution, the main reasons include that the foundations of examining and approving about changed execution of punishment are deferent; the function of detention houses to execute is not clear; the public security organs can't bear the difficult criminal execution. So, we should study and solve the equipment of the bodies of criminal execution.Checking the prisoners with scores is an important measure and system which the prisons manage and educate the prisoners. The scores is the basis whether the prisoners should be given the rewards and punishments, treatment, suspended sentence, and release on parole or not, it has been regulated in Prison Law and the relevant regulations of judicial department. At present, there are problems in checking the prisoners with scores in practice, and this system should be improved. Firstly, the system and measures should be adjusted. Secondly, the management of strictly keeping the scores should be established. Thirdly, the procuratorial supervising should be strengthened.Awarding to Criminal Law in effect, Judicial Procedure Law, Prison Law and the relevant judicial interpretations, the suspended sentence and release on parole should be judged by the courts. As to theright of release on parole and suspended sentence, there are different views in theory and also some problems in practice. The author think that we should distinguish the characteristic between release on parole and suspended sentence. Release on parole should be judged by the courts, but suspended sentence should be judged by the execution organs of punishment. And at the same time, they should be supervised and restrained fatherly.Procuratorates are the supervising departments of laws and take charge of procuratorial supervising the criminal execution. So constitution, the People's Procurator, ate Organizational Law, Criminal Procedure Law and the revelant judicial interpretations in China have regulated clearly about it. There are problems and disadvantages in the supervising of criminal execution. We should strengthen the construction of the organs and teams, and put the transform the supervising from afterwards and still supervising to simultaneous and moving supervising. And meanwhile, the Laws should regulated the supervising of the execution of the penalty of property.In a word, the author think that it is necessary to be made an independent, complete criminal exaction Law to regulate the procedure of the criminal (execution in China) and complete the criminal Laws including criminal law, criminal procedure Law and Criminal execution law.