On The Status Quo Of China's Execution Of Social And System Building

The execution of punishment is not only the final goal of criminal legislation and judicial activity but also a key link of the enforcement of criminal laws. The realization of the effect of punishment largely depends upon the quality of execution of punishment. The socialization of execution of punishment which is an inexorable trend of the development of execution of punishment system all over the world and a humane topic of the age, has become a important symbol of an developed and civilized country. However, there has been an obvious problem in the long period of execution of punishment in our country, i.e., inadequacy of the socialization of execution of punishment, a problem caused and affected by many factors. As punishment of imprisonment has been commonly adopted for a long time in our country, it costs more and more for execution of the punishment, but the effect of reformation is unsatisfactory, when we are facing a more open and modern society. Especially the punishment of imprisonment is a kind of punishment which adopt the method of separating criminal from the society to re-socialize them, actually has come to a contradiction between the methods and the goal, and lowered the effect of punishment. Therefore, affected and inspired by the concept of socialization of execution of punishment of the western countries in recent years, the circle of criminal jurisprudence support that punishment of imprisonment be applied carefully, criminals be rectified in the society as more as possible, the prisons be less closed and more like a free society, and the public participate more to the cause of rectification, which will be beneficial for the criminals to return to the society. The judicial organs and the punishment execution organs have already begun to try to test the socialization of punishment execution, and made preliminary achievements. This paper bases upon the reform of the concept of punishment execution, combined with the practice of socialization of punishment execution, thoroughly and systematically discusses the statutory concept and function of socialization of punishment execution, the practice in foreign countries and its meanings to China, the current condition of socialization of punishment execution in China and rethinking of it, the establishment of the system of socialization of punishment execution of China and the participation of people' Court to the socialization of punishment execution, besides the paper gives some suggestion to consummate the legislature and judicial practice.