RATIONAL DISTRIBUTION OF THE POWER OF STATE IN CRIMINAL POST-TRIAL PROCEDURES OF CHINA

The criminal post-trial procedures include criminal enforcement procedure,victim assistance procedure,abolition of crime record and criminal compensation procedure etc.Except the criminal compensation procedure,the distribution of state power in criminal post-trial procedures of China has a number of defects,and is short of some essential system design.Therefore,it is necessary to reconfigure the state power in criminal post-trial procedures rationally,stipulate that the jurisdiction should be exercised by the people's court,and the enforcement power should be exercised by administrative organization of justice in principle.Besides,the legal supervision right of the people's procuratorate should be consolidated,the victim participation system and post-trial procedure of the victim assistance are supposed to be established,and the abolition of crime record and criminal punishment alteration procedures should be improved.