The Improvement Of The Theory Of Criminal Execution Legislation Of Our Country

The legislation process for the criminal enforcement law in the real sense began from the year of1949.Having gotten trough a lengthy developing process,the legislation obtained excellent progress. The developing process can be divided into3periods,which are described respectively as the newly establishing and stagnation period; the initial development period;the overall improvement period. After the3periods, the whole criminal enforcement system present to be formed with the Prison law as principal and with the relevant provisions in the Constitution, the penal code, the code of the criminal procedure as the main sources.Existing criminal enforcement law system in China has exposed many shortages, which can be described as:the criminal executive laws were set fragmented and repetitious; the laws were too simple to be put into the practice and too isolated to connect with each other; the whole law system is not comprehensive enough so that lots of execution actions have no provision to rely on, and so on. All these problems above require us to take measures to solve one after another.Launched in the year of1996, Russian Federation code of penal execution, following years of exploration, can be evaluated as a mature and representative criminal execution code world widely. It is feasible and necessary for us to refer to the Russia’s experience in legislation so that we can solve the existing problems in our criminal executive law system.Russia’s experience inspired us to take the measure of "the integration of criminal enforcement" to address the current problems.the integration of criminal enforcement means to build a complete and independent code for the criminal execution law and concentrate all the execution departments into a unified criminal execution department.The idea of integration the criminal execution laws has achieved enough maintenance in the theoretical circle and turned out to be necessary in the field of criminal execution practice.It is better for us to follow the Russian pattern which is from the General provisions to the specific provisions, and also from the general provisions to the particular provisions. Including the overall construction of the code,it is also important for us to focus on the perfection about the provisions as the distribution of the criminal execution power; she supervision over the criminal execution power as well as the legal status of the person subjected to execution.