Court In The Field Of Criminal Execution: The Analysis Of The Power And Function

The studies on court and judiciary system have been one of important issues of the researches on Chinese judiciary system. These researches are of theoretical significance and guidance to our ongoing judicial reform. Most of the current researches on court are carried out in the background of judicial field. These researches are too abstract, though they are of great theoretical significance for our current judicial reform and play a positive role in guiding the modernization of our judiciary system. By analyzing the transformation of powers and functions of court, this thesis is designed for studying our Chinese judiciary system with court being placed in the specific context of the criminal execution field.The main topic of this thesis is to analyze the powers and functions of our court in the field of the criminal execution. Through the analyses on the model of court to exercise jurisdiction in the criminal execution field and the operation of court criminal execution functions, the thesis tries to explain how to weaken the national administration power by rebuilding the role of court in the field of criminal execution. Subsequently, it should be regarded as a rare opportunity to promote judicial reform and to improve the modernization of Chinese judiciary system.The thesis begins with the analyses of power relations reflected by the story "Court doesn't execute criminal sentences" and observes court's two powers in the field of criminal execution -- Jurisdiction and Criminal execution powers. Then the thesis focuses on the studies of court jurisdiction power in the criminal execution.