关键词： 自由刑执行, 行刑悖论, 权力属性, 行刑规范

Abstract: Freedom penalty is the principal form of penalty in countries all over the world,and China is no exception.Of the five principal forms of penalty prescribed in the criminal law,four are in the form of freedom penalty,and although one is the death penalty,mostly it is a suspended sentence of imprisonment.Different from property penalty,qualification penalty,life penalty,etc.,the enforcement of freedom penalty with the content of deprivation or restriction of personal freedom can not only meet the needs of the adaptation of crime and punishment,but also better realize the justice of sentencing because of its divisible and time-space continuity.Changing the "term of imprisonment" into the "term of rehabilitation",it aims at transforming criminals into law-abiding citizens.However,due to the inherent contradiction between the essence of penalty and the goal of rehabilitation,how to alleviate this contradiction has become a difficult problem in the enforcement of freedom penalty.The enforcement power of freedom penalty is composed of different powers such as punishment,supervision and rehabilitation,and has different legal attributes such as criminal justice,special administration and position rights.Therefore,to break through the paradox of enforcement,the enforcement of free penalty needs to follow different operating procedures,normative requirements and supervision paths according to different powers.

Key words: enforcement of freedom penalty, paradox of enforcement, power attribute, norms of enforcement