A Study On The General Theory Of The Commutation System In China

Commutation, an important execution system in China, is a general legal encouraging measure as well. By analyzing the general theory on commutation system and concentrating on the perfection of it, this paper tries to put forward some idea for enhancing the efficiency of the judicial operation to achieve the goal of penalty.The paper consists of three parts: preface, body and conclusion.The preface briefly introduces the present condition of the research on commutation system, and the meaning and researching approaches of the selected topic, thus the readers can get a clue to the content of the paper.The body consists of eight parts. The first part, as a general analysis of the commutation system, clears the definition and characteristics of commutation. The second part is concerned with the historical evolvement of the commutation system in China. Modern commutation system arises from the commutation system of a good conduction in western country. From the view of reforming penalty, however, commutation of punishment has a long history, e.g. pardon, atonement in the ancient time. Yet different from modern commutation system, they are just some temporary lenient rules. Founded in the revolutionary base area period, the commutation system of PRC is perfected by the enactment of the Criminal Law in 1979 and succeeding amendments. The third part is about the theoretical basis of the commutation system. Commutation system, which embodies the penalty principle of prioritizing utility while giving attention to justice, is based on the penalty principle of individualization and economization, along with the criminal policy of combining punishment with correction. The fourth part is concerned with the application of the commutation system. The paper in this part elucidates the rules and conditions for the application of the commutation system. The fifth part investigates some special types of phenomenon during applyingcommutation, including the commutation for juvenile delinquent, ticket-of-leave man, culprit in the detention house, and culprit in a conditional release. The sixth part is about the procedures of commutation and the supervision mechanism. It illustrates not only the present procedures for commutation, but also the unfairness in the implementation. The seventh part compares the commutation systems in China and foreign countries. By comparing the trial department, applicability, bound and classification of the commutation system in China and western countries, the paper tries to draw some helpful experiences and perfect the commutation system in China. The eighth part puts forward the author's contemplation on the commutation system. The author in this part points out that to maintain the justice and rationality of the application of commutation, the government should regulates the proportion, set up commutation-testing system and commutation-canceling system, and further perfect procedures of commutation (e.g. adopting the mode of holding a court trial) and the supervision and restriction system.The conclusion at last is a brief analysis of the solved problem and those need further research.