The Imprisonment Execution Change Research Program

Imprisonment execution change system is an important system of criminal execution.It happens at the end of the judicial operation,under the double task of punishing crime and protecting human rights,it is the embodiment of social justice,justice of the last line of defence,non-durance penalty purpose is directly related to the stand or fall of criminal execution changes make law enforcement and judicial justice and authority of the embodiment of the image.In recent years,especially since the eighteenth 4 full session,with the deepening of China's strategy of governing the country according to law,changes in the state for executing criminal punishments system introduced a series of new policy,the study of penalty execution change system has become a hot spot,at the same time,also made some gratifying achievements,but there are also some problems,one of the most prominent problem is that because of the heavy entity light procedure "of the traditional thinking inertia influence,our country's criminal law researchers,more focused on criminal execution change system in the substantive law research,such as the study of research,parole aspects of commutation,temporary execution outside prison and research,etc.,while,also have to study from the aspects of process,but often only focus from one point to study,and the lack of a panoramic study program.System,therefore,the study of imprisonment execution change system between the participation of the organs,and the problems between them and the interested party,to explore through perfecting legislation and improve the operational mechanism,establish a more reasonable criminal execution change system,has important significance.This article besides the introduction and references,the text is divided into three parts,the first part,based on the description of China's current imprisonment execution change system,focuses on the analysis and the reasons of defects of China's current imprisonment;the second part,through the comparative analysis to the United States as the representative of the Anglo American law system represented by France and civil law countries in the implementation of the criminal characteristics of system changes,for the beneficial system of our country,so as to build a new foundation of criminal execution procedure;the third part,through the elaboration of imprisonment execution change the value selection,respectively from the improvement of legislation and improve the executive organ of the court and the procuratorate,three state organs of power the operation and the strengthening of criminals,victims and other stakeholders rights protection perspective,to put forward relevant ideas of China's criminal proceedings.Through the standard prison,court and procuratorate organs of state power,at the same time,given the criminal and victim participation right,right to defense and other related rights,so as to achieve a greater degree of criminal procedural justice in the implementation of changes.