Research On The Execution Limitation System

As a fundamental criminal system,the limitation of acting penalty system has been adopted generally by modern criminal legislation,and its significance to criminal system and necessities for existence in social practices have been recognized by many national legislative body. But our country has not paid attention to limitation of acting penalty either in the field of criminal legislation or research on criminal theory. The research on limitation of acting penalty system in our country is very weak and there are deficiencies in legislation, both of which raise big problems in real operation of juridical practices.The concept of limitation of acting penalty can be defined as:a system that the judgment for the perpetrator who has committed certain crime has taken effect, while the imposition of penalty of the perpetrator is not executed within legal time limit, then the power to execute punishment disappears and the original sentence had judged for the perpetrator is not executed.The basis for the establishment of limitation of acting penalty system theoretically includes delayed in exercising theory, destroyed evidences theory,has improved and better speculation theory, forgotten by the society theory, identical torture and punishment theory,normative emotional ease theory.The establishment of limitation of acting penalty system shall be carried out according to analysis of the aim for crime prevention of penalty and modest and restrained principle of penalty.The function of limitation of acting penalty is mainly reflected in legislation perfection, assurance of human rights and maintain social stability and other aspects. Some western countries such as the U.S.,French,Germany,etc. and Japan and Taiwan, Macao of our country have established limitation of acting penalty system in criminal legislation, and for the establishment of limitation of acting penalty system of our country,we can use their legislation experience as reference in aspects of applicable scope,time to count,deadline setting and stop system of limitation of acting penalty.We have not established limitation of acting penalty system in criminal code in our country by now, since many scholars believe it is rare that penalty sentenced is not executed.But the lack of limitation of acting penalty system has caused much bewilderment in the judicial practices in our country. We should establish limitation of acting penalty system and for this aim we shall firstly determine the applicable scope of limitation of acting penalty system and secondly identify its time to count and shall also stipulate several situations that limitation of acting penalty should stop.