行刑变更程序之价值分析

Value of the Penalty Alteration Procedure

行刑变更程序是行刑过程中发生法定事由而依法变更原判刑罚的执行方法或内容所应当遵循的方式、方法、顺序、步骤等的总称,它是保证行刑变更公正性的基石。行刑变更程序的基本价值在于:行刑公正、刑事一体化建构以及行刑立法之完善。

The penalty alteration procedure is a general name of mode, method, order, and steps used during in the penalty alteration, which is carried out by laws. The procedure is the cornerstone of the fairness. The basic value of the procedure lies in; fairness in carrying out the penalty, integrative construction in criminal laws, as well as perfection of the concerned legislation.