On Commutation Of Punishment

Commutation of punishment is an important execution criminal system in our country and also the most frequently used means in legal rewards and punishment. It is also play an important role in the practice of criminal penalty system. But in the current criminal practical, the criminal institutions overused the commutation of punishment as the most efficient adjustment methods, which lead the commutation of punishment abuse. At the same time, the criminals misunderstand the commutation of punishment because of the abuse of commutation of punishment. This will reduce the good results of commutation of penalty. As to current crime theories, the width and depth of the researches about the commutation of punishment were unsatisfied, the articles about commutation of punishment only summarized the experiences in magazines and newspapers. Therefore, it is necessary to review the commutation of punishment carefully and improve this systems by use the regulations on qualitative and quantities method, and to make it easy to manipulate, to design more just systems of commutation of punishment and make it more effectively. According to these views, I carried out the research on the improving ways of commutation of punishment in this thesis.Starting from the concept of commutation, I grasped the essential characteristics of commutation, which are to commute the punishment of execution. The author think that the essence of commutation is an alleviation of punishment in execution, and the concept of commutation refers to a system, in which judicial body commutes punishment which have not be executed due to the appearance of the legal subject during this period. Firstly the article expounds the foundation of commutation in three layers-the unity of retribution and utility, the scientifically criminal politics and the protection ofhuman rights. Secondly, it analyses the standard of commutation in three layers that is true repentance, meritorious performance and the major meritorious performance. Thirdly, it expounds the procedure of commutation from such aspects as jurisdiction of commutation time, limits of commutation, and so on. Finally, it discusses about whether the supplementary punishment and non-imprison punishment can be applicable or not.