The Construction Of Unified Penalty Execution System

At present,China's penal enforcement powers are exercised by public security organs,people's courts and judicial administrative organs,respectively,forming a decentralized penal enforcement system,leading to weakening of power restrictions,low implementation efficiency,weak human rights protection,and lack of executive supervision in criminal justice practice.The problem is that it is urgent to follow the reform requirements and objectives of the "Implementation of the Penalty Execution System and the Unified Penalty Execution System" proposed by the Central Committee of the Communist Party of China on the decision to comprehensively promote the ruling of the country according to law.System reform to solve many problems in practice.This paper starts with the development of China's current penalty execution system and the problems existing in the practice,points out the necessity of unified punishment execution system and how to construct a unified penalty execution system.In addition to the introduction,the text is divided into five parts.The full text has more than 30,000 words.The first part is the evolution of the penal enforcement system in China.Since the founding of the People's Republic of China,China's penal enforcement system has undergone initial construction,stagnation,recovery and development,and the implementation of penalties has also been carried out by the Ministry of Justice.Public security organs and people's courts are jointly responsible for the judicial administrative organs,public security organs,and people's courts.The responsible process has formed the current decentralized penal enforcement system.The criminal execution executives have made tremendous historical contributions to the correction and reform of criminals through continuous improvement of their work system and mechanism,promotion of human rights protection concepts,and strengthening of procuratorial supervision.The second part is about the problems existing in China's current penal enforcement system.First of all,the legal norms of penal enforcement in China have presented the characteristics of disorderly dispersion and unevenness in effectiveness,resulting in conflicts and difficulties in application.Secondly,it leads to the lack of synergy between the executives of the penalty and reduces the overall effectiveness of the execution of the penalty.Thirdly,the situation of "resolving and disregarding" and "resolving and disregarding" reduces the ability of executive power to restrict investigative power and judicial power,and it is easy to form a situation of heavy blow and light protection,which is not conducive to human rights protection.In the end,it caused regulatory difficulties,which led to the corruption of the penalty execution and the damage to the judicial credibility.The third part is the necessity of unifying the execution system of punishment.The necessity of unifying the execution system of punishment is mainly reflected in the following points: First,the power allocation of the four organs of public,inspection,law,and department can be optimized,and the purpose of division of labor,coordination,and mutual restraint of the four organs can be achieved in criminal justice practice.Secondly,it is possible to solve the problem of "resolving the sentence without distinction" and "resolving the sentence without distinction",purifying the functions of the people's courts of the public security organs,ensuring the fairness of the execution procedures and improving the credibility of the judiciary.Thirdly,the entire penalty execution activities can be unified,avoiding multiple political exits and improving the effectiveness of penal enforcement;strengthening human rights protection and enhancing the effectiveness of educational reform.Finally,the major developed countries in the world,such as the United States,the United Kingdom,Russia,Denmark,and Germany,have delegated the enforcement power of punishment to a unified executive body and adopted a unified code of criminal execution.This is a relatively mature reform idea that can serve China.The unified penalty enforcement system provides some useful lessons.The fourth part is the idea of uniting the reform of the penalty execution system.From the perspective of the macro-level structure: First,the Ministry of Justice should lead the execution of penalties,and under it,the General Administration of Penal Administration will be unified command and deployment.Secondly,the executive department is divided according to the type of penalty execution,and the detention center administration,the prison administration,the community corrections administration and the additional penalty enforcement bureau are established.Thirdly,a unified code of criminal execution is formulated to stipulate the purposes,tasks,power distribution,types of execution,institutional setup,operation of procedures,and protection of rights of enforced persons.Finally,the procuratorial organs should increase the implementation of supervision and supervision of the delivery,change links and community corrections in the execution of penalties.The fifth part is the feasibility and risk response of the unified penalty execution system.From the micro level,it is feasible to transfer the execution power of the public security organs and the people's courts to the judicial administrative organs.First,the public security organs hand over the management of the detention center to the judicial administrative organs,and hand over the short-term free execution rights.The exercise of the prison can solve the problem of irrespective punishment,and the judicial administrative organ has the experience of successfully taking over the prison;the execution right to deprive political rights is exercised by the community correctional institution,and the criminals deprived of political rights still have the constraints of being managed.Sexuality,and the method of penal enforcement for community correction applies to prisoners who are deprived of political rights;the execution of the penalty for deportation is assigned to the judicial administrative organ,which can clearly distinguish the administrative punishment of "deportation" and the applicable nature of punishment.After the reform,the risk of affecting the crime detection rate of the public security organs can be dealt with through the establishment of a diversified assessment system and the transformation of case handling methods;in the face of the problem of the professionalization and seriousness of the community correctional institutions,the recruitment threshold can be set by The frontline executives' police officers responded.Secondly,the court transferred the execution right of the death penalty and the execution right of the property punishment to the judicial administrative organ,which can not only satisfy the nature of the execution of the penalty,but also promote the return of the court work to judicialization,improve the quality of judicial trials,and improve the judicial credibility.In the face of the current situation of the implementation of property punishment,it can be dealt with by exploring the property preservation system before the lawsuit,the property investigation system in the lawsuit,and the establishment of the property punishment system after the lawsuit.