Reflections On China's Legislation Of Criminal Execution

The existence of Enforcement of Criminal Judgments (ECJ) relies upon the appearance of criminal penalty. Nevertheless, ECJ also has its own value when working as a fundamental essence to realize the purpose of penalization. Nowadays, it is a general tendency to make ECJ legislation more consistent with society, rationality and humanity. And the importance of ECJ legislation as the major foundation of Chinese Governed by Law Reform also makes ECJ a very basic criminal statue, which, together with criminal substantial law and criminal procedure law, constitutes the whole Chinese criminal statues system. However, comparing with its two counterparties, ECJ legislation is lagged behind in China and is incapable to fulfill the increasing public's demand for social security and judicial justice. Due to the traditional and practical reasons, it is still not mature enough to constitute an ECJ Code in China. Therefore, when designing a Chinese ECJ legal system, rather than painting a Utopia of ECJ Code, legal researchers should put more focuses on some basic but practical issues such as deliberately classification of jail, alteration of enforcement, application of non-imprisonment punishment, and application of community correction. By doing that, an ECJ legal system would be preliminary built up which is based on Prison Law and Community Correction Law. Thus, further researches could be made upon the integration of those clauses in Criminal Law and Criminal Procedure Law which are related to enforcement, which finally constitute an ECJ Code, and it will become the footing stone for Chinese ECJ development.