刑罚执行领域正当程序理论适用研究

A Study on the Application of the Due Process Theory in Punishment Execution

我国刑法执行领域重实体、轻程序的现象已经在一定程度上制约了罪犯改造质量的提高,影响了刑罚执行场所的秩序。应重新审视被誉为普通法系公正灵魂的正当程序理论,找到正当程序理论与刑罚执行工作的契合点,使程序本身的价值在刑罚执行领域得到体现。

The phenomenon of ＂value substance,devalue procedure＂ has,to some extent,restrained the quality of the rehabilitation of the offenders,and affected the order of the punishment execution place.We should reexamine the due process theory which is known as the soul of justice of the common law system,and find the meeting point of the due process theory and punishment execution work,in order to make the value of the process itself be reflected in the field of the punishment execution.