Study On Commutation Of Sentence

Commutation of sentence, as one of the main components of the enforcement of penalty against criminal laws, and an important mechanism of the enforcement of penalty, as well as a tool of encouragement to appropriate criminals, plays an important indispensable role. This paper tries to analyze the characters of commutation, the juridical right and applicability of commutation, and the limitations of current commutation provisions, aiming to discuss how to improve the commutation system of China, for an optimizing enforcement of the function of the commutation.The paper comprises three main parts.Part I is the connotation of commutation. The definition, characters, juridical right, function and significance of commutation are discussed if this part.Part II is the issues in legislation and practice of commutation. Focus is put on interpretation of the legislation, applicability and the practical problems of commutation, reasons of these problems are also analyzed.Part III is the improvement of commutation system of penalty enforcement. Based on the careful understanding of the connotation and its practical problems, upraise the legal status of commutation by establishing an unified. Enforcement of Criminal Law; Improve the assessment of the performances of the criminals for the appropriate usage of commutation; Build up specified rewarding organ in criminal Law enforcement system to realize the rational deployment of its juridical right; Improve the protection system of the criminals' right of commutation; improve thecensorable procedure for commutation; Strengthen the supervision and restriction towards the practice of commutation; Countermeasures and suggestions on how to strengthen and improve the individual cases in commutation system are proposed.