On The Analysis Of The Justification Of China's Commutation System Standard

The standard of commuted sentence is the core of the commutation system. The standard that is reasonable, justifiable and operable guarantees the realization of justice. Though many scholars have done researches on commutation system of China, they are just limited to the article 78 of the Criminal Law and relating judicial interpretation involving the justification of the standard of commuted sentence, especially the determination grounds for it. The result is that subjective factors have too much say in the determination of commutation that leads to random application of provisions. It not only obstructs the realization of function of the commutation system, but also stakes the conviction of law in the people. Therefore, it is necessary to research the justifiability grounds for the commutation system.This article will analyze the justification of the standard of commuted sentence of China, pointing out that personal dangerousness should be the most important standard, exposing the deficiency of commutation system and proposing some improvements. The first part focuses on the theoretical principles of commutation system. As one of the punishment systems, it should be primarily in accord with the basic principles of the theory of criminal law and additionally has its own connotations including the theory of human rights, of the penalty purpose and The Criminal Policy Of Temper Justice With Mercy. The second part focuses on the analysis of the current standards of commutation system compared with foreign countries' standards, pointing out the differences among them. The third part makes detailed comment on the deficiency of China's standards of commuted sentence, brings out some conceived improvements and does theoretic discussion of the feasibility for writing a book as a standard.