Execution Aging Research

For penalty eradication system especially explore and improve the execution time, itshould be important aspects of penal reform and improvement of research. Our criminallaw never provided executioner aging, but the application of the execution time isinevitable. Theoretical research and legislative provisions of this article we look at thedomestic and international execution time, the need for the establishment of the executiontime of the Criminal Law, the Legislative value, judicial value, and executioner agingcodified a comprehensive, specific research to China’s criminal legislation the benefit.This paper consists of five parts, about43,000more than words, the following majorelements:The first part of this paper is the execution time in China legislation vacancy-relatedissues, discusses China’s criminal law never provided the reason of the execution timeand the judiciary with the economic development, social progress, as well as judicialpractice omissions, the Criminal Law additional the executioner prescription system isvery necessary to meet the situation and policy of tempering justice with mercy,mitigation of penalty trend, the integrity of the criminal law itself, and the trend of theworld’s criminal legislation executioner aging.The second part discusses the meaning of the execution time, the concept definednature of the execution time and the theoretical foundation established to support theexecution prescription system, which describes our country as well as foreign criminallaw theory defined on the execution time of the execution Aging in Taiwan, China,Macao and foreign criminal provisions of the legislation, next to discuss the nature of theexecution time, and that lead to penalties execution Right eradication eradicationdiscussed in depth, in addition to the justification based on the theoretical basis of theexecution time and execution time.The third part is the value of the execution time, discusses the value of executiontime legislative and judicial value, Legislative value mainly conducive to the realizationof the requirements of the rule of law in China, to fully reflect the value of criminal lawand rational division of the boundaries of the responsibility of the State and its citizens;judicial the value for the value of the crime, the judiciary, social, national.The fourth part is the execution time abroad legislative norms, mainly discussed the scope of the execution time, starting standard term system and stop system.The fifth part of the execution timeliness the codification thinking, discusses thewriter idea for execution aging codified, from the scope of the execution time, startingtime, set the age limit and stop the system to build the framework of the executionerprescription system, the last from a specific ordinance design reflected.