The Penalty Execution Malfeasance In The Criminal Law

Punishment of criminal judicial activity after investigation prosecution trial criminals is the main criminal responsibility Penalty execution of the criminal justice or not, directly reflects the value realization of criminal justice activities, although is the last link, but it’s also a very important part of criminal behavior, the infringement of the method of country or society or individual benefit, after a public prosecutor method investigation prosecution trial, invested a lot of judicial resources and social resources, to enter the penal execution procedures Penalty execution shall be the responsibility of the judicial administrative organs (including detention center) other people’s eyes, whether more invested in were convicted and sentenced to a variety of punishment, is whether how to perform implementation specification for punishment is real, is not as strong attention to itself As of the execution of public behavior and not as a punishment and degree directly affect the actual effect of penalty execution In the existing criminal law about the terms of the penalty execution office behavior regulation, but the node type block structure regulation, make rise recently。This article mainly is composed of four parts:the first part Outlines our country criminal law about the execution in malpractice related charges, mainly analyzes the constitution of the crime and the applicable scope, look to whether can really regulation non-durance penalty execution of penalty is misconduct; The second part is the focus of this article is to find out about the penalty executive malpractice regulation in the current criminal law, this paper analyses the feature of the criminal law is enforced on the principal punishments malpractice regulation, the existing regulation mainly limited in terms of imprisonment execution, there is no special terms non-durance penalty execution of malpractice regulation, even existed in prison execution regulation is not perfect, reflect on the cause of this situation, the judicial practice, there is no criminal law, regulation of misconduct and serious violations of the country’s social individual legal interests; The third part explores several path to make up for the deficiency existing in our country criminal law, through the analysis of three kinds of path and reasoning, it is concluded that to set up the way the most feasible alternative terms; The fourth part is about alternative clauses, mainly from setting up instead...