The Research Of Executive Limitation

As one of the basic criminal law system,executive limitation is widely adopted in modern criminal legislation. The significance and necessity of the execution limitation are identified by world legislature. However,in China's criminal legislation and the theoretical study of the criminal law, the study of the execution limitation is very weak today. The loopholes in legislation isn't good for the operation of judicial practice. By the disccusion of the relevent theories of the executive limitation, this thesis try to analyze how to set up it and illustrate my opionion, and provide some advices for the legislation of executive limitation.This paper is divided into four parts besides foreword and epilogue.In the foreword,I briefly explain the reason why I choose the execution limitation as my research direction,and the significance and the general research situation of execution limitation.Chapter I: The concept and the theoretical basis of the execution limitation. The author analyzes the concept and theoretical basis of execution limitation, points out that the execution limitation refers to the system that for certain crime, after a legalpunishment, punishment weren't be executed through the legal time limit, then the penalty power were eliminated,the original punishment was not executed. There are many different opinions about the theoretical basis of executive limitation, the author annalyzed it from the angle of philosophy, economy and punishment theory.Chapter II: The functions of the executive limitation. The value of the criminal law are austerity, impartiality and humanity, the executive limitation reflects comprehensively these values. At the same time, the executive limitation has positive significance in improving legislation and safeguard human rights, social stability.Chapter III: The foreign investigation of the executive limitation. From the execution of the scope and limitation of time, the deadline date, stop system to analyze it from the foreign countries' criminal law and Chinese Taiwan and Macao' criminal law concerning the executive limitation in order to learn legislative experience.Chapter IV: The legislative suggestions of the executive limitation. This part firstly analyzes the negative influence brought by missing executive limitation, not only beneath the majesty of the crimina law, but also isn't good for the protection the rights of criminals. Then annalyze the necessity and feasibility of the addition of executive limitation in China' criminal law. It belongs to the limitation system with the limitation of prosecution,both are indispensable. It complys with the leniency development trend over the world, and it conforms to the trend of the international criminal legislation. Finally, the paper propose the legislation of executive limitation on the basis of analysis.