行刑权

论裁判权与行刑权关系的再定位

Reconsidering the Relationship Between Judicature and Penalty Power

目前我国刑事执行制度存在法律匮乏，执行主体混乱，行刑权配置失当重大问题。

There are lack of laws and mixed-up enforcement subjects in the criminal enforcement system .

我国现行裁判权与行刑权之间的关系呈现出松散型的特点，随着社会的发展，其逐步暴露出诸多缺陷。

Today , the feature of relation between judicature and criminal executing power in China is scattering , but its deficiency is being exposed with the development of society .

行刑权是一种刑罚权，因此行刑权具有与刑罚权相同的正当化根据，即正义与合目的性。

As a specific type of power of punishment , the power to execute punishment has the same legitimate ground with power of punishment : justice and conformity to ends .

然而，我国现行的非监禁刑制度，在立法上存在规定过于原则、抽象、不易操作等缺陷，在执行上则存在缺乏统一行使行刑权的机构等缺陷，这都有待进一步的完善。

But our current system of non-custodial penalty have some defects such as the principle is too abstract and difficult to operate in legislation , and the lack of a unified criminal executive institution in execution , all of this need further improved .

行政模式又可再下分为行刑机构独权和行政分权两种具体模式。

The Administrative model is further divided into execution agency with sole power model and administrative decentralization model .

行刑机构独权模式是指行刑机构具有完全的减刑假释决定权，提请、裁决和执行等程序均由行刑机构为主导实施。

Execution agency with sole power model means the execution agencies have the full decision-making power to have commutation and parole , and the draw , decisions and implementation procedures are executed by the execution agencies .