Research On The Allocation Of Criminal Execution Power In China

According to the opinions of Yuan Qiguo,former director of the Supreme People’s Procuratorate,the biggest challenge facing the domestic judiciary is not corruption caused by judicial activities,but serious ineffectiveness in the implementation process.At the end of the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China at the end of the year,the optimization of the allocation of judicial power and the optimization of the allocation of criminal enforcement resources were written into the "Central Committee’s Decision on Several Major Issues Concerning Comprehensively Deepening Reform".Since then,a comprehensive check and balance system has been established for investigative powers,prosecutorial powers,judicial powers and enforcement powers,and trials and enforcement powers are separated from each other.Improving the completeness of the criminal law’s punishment enforcement system and enforcement regulations was also included in the "Central CPC Central Committee’s Decision on Several Important Issues Concerning the Comprehensive Promotion of Governing the Country According to Law" at the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China held in October 2014.In this regard,General Secretary Xi Jinping pointed out:"Legislation is lawful and must be committed if it is committed.This article explains the basic theory of criminal execution power by adopting comparative research method,normative analysis method,and literature research method,and conceives the allocation of China’s criminal execution power by comparing with other related systems at the relevant litigation stage.In addition,comparing the current status of the allocation of criminal execution power in foreign countries,examining the relevant foreign laws and regulations on criminal execution and the existing legal provisions in China,comprehensively considering the current situation and development prospects of the allocation of criminal execution power in China,using mature experience and reasonable reference Enlightenment,put forward my own suggestions for the improvement of the allocation of criminal enforcement power in China.This article is based on extensive reading and careful study of many Chinese and foreign monographs,academic papers,journals,magazines,conference proceedings,etc.,compared and classified,and used for reference.In addition,refer to relevant cases in the judgment documents,and carefully study the allocation of China’s criminal execution power system.Through understanding and analyzing a series of practical shortcomings such as decentralized legal provisions,excessive enforcement subjects,and unreasonable allocation of enforcement power in China’s criminal enforcement power allocation system,and comparing and studying the status quo of activities in various countries outside the country to improve the allocation of criminal execution power system,we find A highly feasible judicial reform direction and reform path for the allocation of criminal execution power.First of all,the optimization of domestic criminal execution must be based on perfect criminal enforcement norms,perfect related legislation,and lay a theoretical foundation for practice.Second,the subjects who are authorized to conduct criminal enforcement activities should be unified.Finally,According to the improved relevant legislation,scientifically and reasonably allocate the criminal execution power to the enforcement subject.