完善刑事执行程序若干问题的探析

Analysis of Problems about Perfecting Criminal Activity Execution Routine

随着依法治国和司法体制改革进程的深入发展,现行《刑事诉讼法》在司法实践中发挥了积极作用。但基于社会形势与刑事政策的变革,司法实践中积累的新经验、国际刑事司法交流协作发展的新趋势等,对现行《刑事诉讼法》也提出了新挑战。尤其是"执行"程序的立法空白、不足、冲突等体制性"硬伤",从立法层面上造成诉讼实践中执行程序与其他诉讼程序的不对称,彰显法律支撑不足,以致司法层面出现"重审判、轻执行","重惩罚、轻改造"等不良现象。因此,亟待通过立法修订,进一步完善有关执行程序的法律规范,提高诉讼效益,实现诉讼目的。

Along with the development of managing state affairs according to law and the judicature organizational reform advancement, the present ＂Law of Criminal Procedure＂ has played the positive role in the judicial practice. But based on the social situation and the criminal policy＇s transformation, the new experience accumulated in the judicial practice and the new tendency in the international criminal justice exchange cooperation development also present new challenges to present ＂Law of Criminal Procedure＂. Especially ＂the execution＂ institutional procedure legislative blank, insufficiency, conflict ＂the inherent problems＂, cause in the lawsuit practice from the legislative stratification plane the executive routine not to be asymmetrical with other legal procedure, showing law support insufficiency, so that the judicial stratification plane appearance ＂heavy sentences, light execution＂, ＂severe punishes, light transformation＂ and other so undesirable tendencies. Therefore, the legal norm of further consummates the related executive routine urgently awaits through the legislative revision, to guarantee the correspondence in the various links procedure in criminal prosecution and the balance of legal status, to realize the lawsuit goal, to raise the lawsuit benefit, to lay the foundation for the comprehensive construction harmonious society.