On The Construction Of Criminal Execution Avoidance System In China

Avoiding,an ancient litigation system that originated from the principle of natural justice has been stretching for thousands of years and is increasingly showing its vitality.Due to differences in historical traditions and litigation systems,the specific content of the avoidance system in different countries is also different.However,the avoidance system of any era and any country has the same purpose,that is,to prevent the natural nature of human nature from affecting the justice process and the justice of judicial outcomes.In Western countries,criminal proceedings are divided into pre-trial procedures and trial procedures.Judicial procedures at the core of criminal proceedings.In order to ensure the procedural fairness and substantive justice of the trial,the avoidance system is only applicable to the trial stage,and the scope of the avoidance personnel is also Strictly limited to professional judges and jurors.In China,criminal litigation is divided into five stages:filing,investigation,prosecution,trial and execution.The criminal litigation avoidance system is applicable to the investigation stage,the prosecution stage and the trial stage.In addition to the judges and the people's jurors,the avoidance personnel include Investigators,procurators,and clerk of investigation,prosecution,and judicial organs shall be subject to investigation,prosecution,and appraisers and translators entrusted or appointed by the judicial organs.In theory,China's criminal avoidance system has a wider range of functions,and it is more conducive to the full realization of litigation justice.However,China's criminal litigation avoidance system failed to incorporate the criminal execution stage into its scope of application,which seriously inhibited the space for the criminal avoidance system to function.Criminal execution As the final stage of criminal proceedings,the criminal enforcement agency assumes the responsibility of putting the content determined by the people's court into effect,and implements the function and purpose of the punishment.The criminal execution avoidance system is an important prerequisite for ensuring the fairness and substantive justice of the criminal execution procedure.In recent years,in China's criminal enforcement activities,there have been a large number of violations of laws and regulations,parole,and temporary execution of prisons,which seriously damage the image of the executive organs and endanger the credibility of the judiciary.An important reason for these situations is the lack of a criminal enforcement avoidance system.This thesis takes criminal execution avoidance as the research object,expounds the general theory of criminal execution avoidance system,refers to the provisions of criminal procedure law on investigation,prosecution and trial phase avoidance,based on the characteristics of criminal execution itself,and puts forward the construction of China based on the current legislative situation in China.The measures for criminal execution avoidance provide a reference for the improvement of China's criminal procedure law and criminal avoidance system.This article is divided into three parts:The first part:the general jurisprudence of the criminal execution avoidance system.Explain the concept and function of criminal execution,the concept and characteristics of criminal execution avoidance,and expound the value of criminal execution avoidance system.The second part:the status quo and reasons of legislation on criminal execution avoidance in China.From the two aspects of basic legal norms and judicial interpretation,this paper introduces the legislative status quo of criminal execution avoidance in China,and analyzes the reasons for the lack of criminal enforcement avoidance legislation in China from three aspects:historical tradition,extraterritorial experience and theoretical exploration.The third part:the proposal to build a criminal execution avoidance system in China.Improper evasion of identity,improper avoidance of behavior,avoidance of cross-criminal litigation as a reason for evading criminal execution,clarifying the scope of criminal execution avoidance,determining the subject of criminal execution avoidance,and stipulating the subject and procedure for reviewing and determining criminal execution avoidance,Engage in pre-and post-relief relief to establish a relief mechanism for criminal execution avoidance,and stipulate the legal consequences of violating criminal execution avoidance.