刑事执行体制改革的“三化”路径

Three Ways to Reform Criminal Execution System

当前刑事执行体制存在法律条文过于简约、执行机关难以充分履行职责、执行体制违背分工负责原则等问题,究其根源在于分散性立法方式、多元化执行主体、不合理执行权配置。针对这些问题,学者们就刑事执行立法模式、刑事执行权配置和刑事执行权性质展开了激烈的争论。要改革刑事执行体制,要树立一体、开放的行刑观,重视罪犯人权保障,要符合时代性、合法性、政策性、教育性、经济性的要求,通过刑事执行规范法典化、刑事执行机构一体化、刑事执行管理行政化三大措施加以实现。

There are many problems existed in present criminal enforcement institution, such as laws are too simplified, executive institutions can＇t fulfill their duties, some authorities exercise criminal executive power against the power ethic and so on. These phenomena are rooted in dispersive lawmaking mode, too many bodies having criminal executive power and unreasonable criminal executive power configuration. As to these problems, scholars have a fierce argument about the lawmaking mode, configuration and the properties of criminal executive power. In order to reform the criminal enforcement institution, it is necessary to set an uniform, open value and lay emphasis on human right protection.In order to keep up with times, to be legitimate, to meet the demands of policy and to be economic, three measures can be taken.They are codifying criminal executive legislation, establishing integrated management system of criminal executive power and the criminal executive management system becoming administrative.