The Reflection On The Nature Of Power Of Criminal Law Enforcement

The penalty execution is short for execution, refers to the penalty enforcement authorities according to the people’s court has been legally effective criminal judgmentor the referee, in accordance with the provisions of the criminal procedure law and prison law will determine the various punishment of criminals and its related contents into practice of criminal enforcement activities. Perform machins of penalty accordingto the penalty executive power lies in its enjoy. Clear power properties of penalty enforcement, for penalty enforcement agencies correctly perform their duties and effectively execute the criminal punishment are very significant. Nature of the penalty enforcement power, however, the current law, there is no direct regulation, the theoretical circle is controversial. The view is a administrative and judicial power. Also the view is a independent of the executive power and another kind of power. Context, this papertries to clear problem analysis, such as the main point of the comments which are onthe different contexts. These contexts come from the dual Angle of ontology and thetheory of interpretation so as to demonstrate the penalty enforcement jurisdiction of nature.Academic circles in discussing this problem, there are usually two different contexts.One is the traditional punishment law context, the penalty enforcement such as punishment theory a child under the content of the power of penalty, on its property line relatively rough; The other is the criminal execution law which is a nature of punishmentenforcement as an important theory problem for more detailed argument. In the context of the traditional criminal jurisprudence, the criminal law scholars in the penalty enforcement power nature views on the issue of highly consistent, basically agree with the nature of the judicial power. Scholars in the affirmation of penalty and criminal law is a kind of criminal justice activities, just make a judgment. There is no detailed reasoning seems to be the penalty enforcement power which is not a controversial question. And under the criminal execution French territory, the penalty enforcement nature may be studied more accurately. Due to the analysis of different angles, scholars tend to drawing different conclusions. Overall academic circles mainly exist judicial power, executive power, the dual nature, independent right of four kinds of theories. This paper argues that the penalty enforcement belongs to the judicial power. To this end, this paper respectively from the dual perspective of existence and value. Is the judicial power, from the perspective of ontology, the referee has the close inner link activity embodies the power of its basic characteristics are passive, stability, summative, its value orientation is fair. And punishment enforcement in accordance with the meaning of judicial power (the purpose of consistency, undertake sex, dependent on content), the basic characteristic (have passivity, stability, meet the final) and the value orientation (fair value oriented). Therefore, from the perspective of Ontology, the penalty enforcement can be a jurisdiction. From the theory point of view, through to realize thejustice of criminal penalty and running status of power, it will be the penalty enforcement as judicial power, is not only beneficial to the realization of fair punishment, and will guide the penalty enforcement and other benign interaction between the publicpower, mutual cooperation, mutual supervision, security power operation is in good condition, without alienation. Conversely, to be regarded as administrative power, is not conducive to the realization of fair punishment, and punishment of executive powerin the process of running, either horizontal, or vertical relationship, can cooperate with other public power to form benign, and easy to alienation, breeding ground for corruption of power. Therefore, from the perspective of the theory of value, define the penalty enforcement as judicial power is more conducive to the realization of the purpose of penalty.