A Study On The System Of Limitation Of Execution

As a basic system of criminal law, in many countries and regions, the execution limitation has been prescribed in the criminal law. There is only limitation of prosecution but no limitation for executing a sentence in our current Criminal Law and also weak in its theoretical study. The weakness of the lack of legislation and theory is not unfavorable to solve relevant problems in the judicial practice. The author hopes to provide some valuable references to establish our country’s limitation system of execution on the basic theory of the execution limitation system and China’s basic national conditions.The dissertation is divided into four parts, each part of primary contents are as follows:The first part is an overview of the execution time. This part introduces the different concept of the execution time interpretation, and probes into the definition and essence of the execution limitation. The paper determines the definition of the execution limitation and points out that the essence of the execution limitation is a limit to the power of punishment. On this basis, this paper introduces the roots in the theory of executive limitation in order to provide theoretical support for the establishment of the execution limitation system executive limitation.The second part is the value of the execution limitation system. The scholars’ debate on whether execution limitation system should be established still exists in the academic circle of our country. Then the paper puts forward the function of the limitation of execution system, including the safeguard human rights, saving judicial resources and reducing late judicial justice, etc.The third part is the essential problem of the establishment of the execution limitation system. This section describes the scope of the limitation of the execution time to count, set deadlines and the stopping system. The present part concretely introducing these problems, presents a basic plan for establishing the limitation of execution system.Chapter Four reflects on limitation of acting penalty system of our country. First discusses the problems and its influences brought by the lack of execution limitation system in our country, and then puts forward own suggestions for the concrete assumption and establishment of limitation of execution system. The establishment of the execution limitation needs to set a time limit for according to the weight of the penalty level, and the criminal accused of special exclusion applies. At the same time, it should expressly provide that the case of execution time for the suspension or interruption. By combination of the summary and specific fashion, the provisions of the criminal law would be fully and accurately.The establishment of the execution limitation system has been a trend. It has special meaning for guaranteeing the criminals’ legitimate rights, limiting country penalty power and social stability. Although the establishments of the execution limitation system still have many problems, we should not give up eating for fear of choking. No sunshine but bath some shadow. We should improve the execution limitation as much as possible, so that it can give full play to its own function.