Research On The Configuration Of Criminal Executive Power

Since the seventeen big report of the Party pointed out clearly, that optimizing the judicial powers configuration is the important content of the judicial reform, jurists proposed a lot of new ideas and published many books about optimizing the judicial powers. However, these research results are almost about the powers configuration of Pre-trial procedures, many problems including some basic questions of the criminal executive power configuration has not been able to be resolved. These problems severely restricted the overall pace of the judicial reform in our country. Based on these reasons, this paper combines with the status quo of China’s criminal executive regime, seriously studies the problems in the criminal executive power configuration, draws on findings and theories of other related disciplines, such as the criminal law, administrative law, jurisprudence and so on. The criminal executive power configuration of key countries around the globe are reviewed Finally, combining of China’s actual situation, the author throw out some suggestions of optimizing the criminal executive power configuration in our countries.This article consists of five parts, except the introduction and the conclusion. Part One:it analyzes of the existing doctrine perspective of the criminal execution concepts and the concept of criminal executive power, redefines the Concept of the criminal executive power, and illustrates the power subjects of our criminal executive power.Part two:the author investigates the status quo of the criminal executive power configuration in the United States, France, Japan and South Korea, and draws the inspiration to optimizing the criminal executive power configuration in our country.The third part of the paper mainly analyze the problems in the allocation of China’s criminal executive power, main problems include the existence of legal gaps and regulatory issues in the legislation of the criminal executive power, too many bodies have criminal executive power, some authorities exercise criminal executive power against the power ethic, the power of supervising law enforcing activities of the People’s Procuratorate has been not appropriate, and more serious breaches of law in the exercise of criminal executive power.The fourth part of the paper propose the principles of optimizing criminal executive power, these principles are that the criminal executive power configuration should follow the balance between power and efficiency, punishment and protection of human rights, the criminal executive power should be exercised publicly and socially.The fifth section presents some suggestions for the configuration optimization of China’s criminal executive power, including the establishment of a sound criminal executive power configuration system of legal norms, establishing integrated management system of criminal executive power, innovating exercising ways of criminal executive power, and strengthening the function of prosecutorial supervision in exercise of criminal executive power.