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学界定刑罚权涵义以及架构刑罚权有助于解决理论和实践中的诸多问题。行刑权作为一项独立的基本刑罚权能,是“观实的”刑罚权。我国的行刑权分属监狱、公安和法院行使。由于刑罚权与行刑权的有效运作受制于刑事法体系,刑事立法及刑事司法的诸多因素,刑罚及行刑效益受到制约.我们应当从全局及整体高度,从横向和纵向两个层面建立行刑权的法律规则,统一调整行刑权关系和行刑权活动。
The definition of punishment power and the right of structure punishment in academic circles help to solve many problems in theory and practice. Execution of the penalty as an independent basic punishment power is “realist ” penalty right. The power of execution in our country is vested in prisons, public security and courts. Because the effective operation of the right of punishment and the right of execution is subject to many factors of the criminal law system, criminal legislation and criminal justice, the penalty and execution benefits are constrained. We should establish the power of execution at the overall and overall levels from the horizontal and vertical levels Legal rules, unified adjustment of execution rights and execution of criminal activities.