The Allocation of Criminal Execution Power: Theoretical Foundations and Reform Paths

At present, the operation of criminal execution power has some practical difficulties such as scattered execution resources, weakened execution power and rough execution rules. The root cause is that the allocation of criminal execution power is unreasonable. So it is necessary to re-examine this issue. The allocation of criminal execution power needs to be based on a clear definition of ownership and the rules. Criminal execution power is a judicial administrative power with the characteristics of judicial power. The principles of integration of criminal execution, socialization of execution and balance of power are the basic rules to guide the allocation of criminal execution power. On this basis, it is necessary to unify the criminal enforcement agencies and for the Ministry of Justice to manage the criminal execution work as a whole. The allocation of criminal execution subject needs to be adjusted by transferring part of the criminal execution power of the people's courts and public security organs to the judicial administrative organs. The nature of penalty execution of community correction should be clarified and it should be stipulated that the community correction institutions belong to the judicial administrative organs and have a certain proportion of community correction police. And the status and relationship of different participants in community correction should be reasonably defined.