The Research On Commutation Revocation System

The commutation system is an important component of China penal execution system, it is the aim for the commutation system to encourage the transformation of the offenders actively, however, as common in practice, the criminals use any available means to obtain commutation, but he will implementing crime again soon after release, this against the purpose of setting the Commutation system undoubtedly. Based on the research of the commutation revocation system, the paper try to establish the commutation revocation system and want to restrain the criminals when he was commuted, let impenitent criminals pay the price for crime again, reduces recidivism possibility of the criminals when he was commuted, in order to improve the efficiency of penalty and realize general prevention and special prevention purpose of criminal penalty.The main body consists of three parts:The first part, it is the commutation revocation system and purpose. At the first, this part introduced the concept of the commutation revocation system and the research actuality, and defined the extension of the commutation revocation system that researched by this paper.On the second, this part discussed the purpose of setting the commutation revocation system from two aspects. The one is the system can improve Implementation effects of commutation system; the other one is the system can prevent offenders crime again when he was commuted.The second part, it is the basis of establishing the commutation revocation system. At the first, this part expound the theoretical basis of establishing the commutation revoked system from three aspects including the aim of penalty and essence of commutation system and the criminal policy of alternating leniency with severity. On the second, we discussed the realistic demand to establish the commutation revocation system. The writer consider the commutation revocation system is essential supplement for the reform of penalty system and the necessary control measures to expand commutation ratio, also new management tool for penal executing department. Thirdly, we discussed the criminology basis for repeal commutation of offender crime again after released from three aspects including the dangerous interval of recidivism, dangerous age of recidivism, deprived ability of crime. At last, the paper introduced the foreign legislation on the commutation revocation system for reference.The third part, we will discuss the conception of commutation revocation system. At the first, this part discussed and given imagine on duration, conditions and procedures to repeal commutation during the prison term. On the second, this part researched duration, conditions and procedures to repeal commutation after release, and also researched the defects of the commutation revocation system. Finally, we discussed the exceptions of commutation revocation system.The conclusion part summarized the research result of this paper.