Study On Procedure Reversibility In Criminal Execution

In recent years, procedure reversibility in criminal execution stage is by thewidespread concern. Because it involves effective judgments, which casually startprocedure reversibility to affect judicial authority, procedure reversibility in criminalexecution stage is particularly important. This paper focuses on procedurereversibility in criminal execution stage. In the process of researching, the author payattention to the research of the basic theory of proceedings, and contact the specificproblems appeared in practice, and analyzes the reasons for problems, and studytypical countries’ legislation and practical experience in the continental law systemand common law system. Through studying the topic, I will put forward relatedsuggestions to perfect our system. This paper is divided into five chapters:The first chapter for “the overview of criminal execution procedurereversibility”, mainly discusses the concept, characteristic and classification ofcriminal execution procedure reversibility, and points out that procedure reversibilityis in the execution procedures appeared the main content of the legal, breaking theunidirectional and irreversible principle of the time, make the procedure turn, repeatsome used legal procedures. It has particular subject, starting purpose of theprocedure purpose special and debugging lawsuit value configuration and so on.Criminal execution procedure reversibility includes three types.The second chapter is for the present situation and reason of our criminalexecution procedure reversibility. In this chapter, through analyzing the legislationand judicial practice, the author mainly introduce the current legislation in China’scriminal execution procedure and the problems in practice, and analyze the reason, and put forward the proposal for laying the foundation.In the third chapter is for the legal conflict and comments in criminal executionprocedure reversibility.The procedure reversibility negatively assess previousprocedure, and offset the previous procedural function. It conflicts with the conceptof the procedural justice and the principle of no attention. It is against the proceduralequality, neutral, the stability and the efficiency of lawsuit procedure. At the sametime it violates the demand of the principle of no attention, breaking the stability andauthority the effective judgment. Therefore, the procedure reversibility is an unjustprocedure, even if it is to realize the relief function; it also should be an exception.The fourth chapter is for studying comparatively foreign criminal executionprocedure reversibility. Based on the investigation of the typical representativecountries about criminal execution procedure reversibility in important legal systems,and through studying the advanced experience of other countries, I hope to improveand perfect our country’s the relevant systems of criminal execution procedurereversibility.The fifth chapter is for some suggestions about perfecting criminal executionprocedure reversibility. The procedure reversibility is double-edged sword, and sothe lawmakers should be careful in the design. In this chapter I will first put forwardthe principle of perfecting criminal execution procedure reversibility, and then learnadvantages from foreign criminal enforcement procedure reversibility. Divided intotwo parts, I will give some personal advices for the questions which must be solvedurgently. If there are some shortages, please give some suggestions.