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时效制度是指一国法律所规定的国家行使追诉权或者行刑权在一定期间内有效的制度。行刑时效是指司法机关在法律文书生效之日起一定期间内未行使刑罚执行权,从而丧失刑罚执行权,使犯罪人免于执行刑罚的制度。行刑时效在我国刑法典中未能体现。本文拟从行刑时效的现状入手,探讨该制度的价值,并对我国行刑时效制度作初步构想。
The system of limitation refers to the system that the State exercising the right of prosecution or the right of execution under a certain period of time as prescribed by the law of one country. Execution of time limitation refers to the judicial system in the legal instruments from the date of entry into force within a certain period of time without the exercise of the right to execution, thereby losing the right to execute the sentence, so that offenders from executing the system of punishment. Execution time limitation in our criminal code failed to reflect. This article intends to start from the current situation of execution time, discusses the value of the system, and gives a preliminary conception of the system of execution time in our country.