On The Reform Of The Criminal Enforcement Proceedings

Execution of penalties are often perceived as a criminal entity concerned, many of the substantive law to be provided by the criminal. However, in the course of implementation if the penalty involved in the implementation of changes to the penalty, then inevitably touches so much of the implementation of the change process. China's implementation of changes to procedures for the main provisions of the "Code of Criminal Procedure," Part IV of the "execution" series and "Criminal," the general part, but the law provides for a more careless scattered, which brings the judicial practice of the drawbacks. Implementation of the change process is not complete is not only difficult to guarantee the realization of substantive criminal justice, and undermine the criminal procedural justice, and may even be disguised as a beneficial way conniving criminals. The calendar year from the Supreme People's Procuratorate Work Report, as well as local People's Procuratorate Work Report of view, illegal, illegal, improper implementation of changes to an alarming number of cases. This comes from the grim reality of judicial practice allows us to have to face up to our shortcomings of the implementation of changes to the system, but also inspired the author to think about how the reform of procedural law in order to effectively reduce the occurrence of such violations of laws.As the Criminal Executive closely substantive law and procedural law and therefore I Some scholars believe that should be separate and distinct "Criminal Enforcement Act" to Have a unified standard. However, through the development of new legislation to reform the shortcomings of the existing, of course, the effect may be achieved once and for all, but legislation high cost, legislative cycle, the length of the legislative technology is weak, a lack of theoretical preparation comprised the reform of the natural bottleneck. In my opinion, making full use of existing system resources, under the premise of an appropriate reform of the existing procedural requirements, and through judicial interpretation of the way to develop appropriate procedural norms of judicial practice can respond to various questions posed. A more adequate preparation in theory and practice are more experienced, more mature when the time for legislation, and then formulate a unified Criminal Enforcement Act may be more in line with current realities.I carefully examined the implementation of changes to our current situation and the basic operation procedures for existing problems and put forward its own reform ideas and judicial responses. I am thinking that the reform of macro and micro levels. Reform of the macro-level as "one authority, program diversity" is about the right to change the implementation of a unified reverted to the criminal courts, and build a different judicial procedures in order to carry out a variety of cases simplified triage and improve judicial efficiency. For the implementation of change and efficiency of justice cases of the value of focusing on these two different, I constructed three kinds of judicial proceedings, namely the administration of justice, judicial approval procedures and judicial hearings. Reform of the micro-level as "elements of the process structured and institutionalized", that is, from the philosophy of law dimension of the basic component elements of the process-oriented logic is divided into seven parts, and to the seven core elements of a comprehensive program to build the system. The author analyzes the learning process, "said the five elements" and the "six elements" on the basis that, combined with the characteristics of the criminal process to implement change, will be divided into seven of its structural elements, namely, the commencement of proceedings, decisions and participate in the main body, information and evidence, the dialogue and exchange, deterministic decision, time limits, relief mechanisms. Reform of the system of the three programs or build, that is focusing on the seven elements of the launch.Overall the article is divided into six parts, the first part of the introduction of judicial practice, the problems faced; second part examines the implementation of changes to our current procedures for the basic operation; the third part of the existing procedures conducted in-depth review of the system; fourth part of the put forward the author's reform ideas, including both macro-and micro level; fifth section elaborates the author of three specific reform the judicial process and system construction; sixth part of the conclusion, and further Scott of the author's reform ideas and judicial responses may face challenges and break the reality of a policy. For demonstration and data analysis needs, the author used the statistical analysis, comparative law and the philosophy of law analysis, hoping to be more clearly demonstrated and presentation of author's main points.