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Application And Perfection Of Our Commutation System

Posted on:2011-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F JiaFull Text:PDF
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Commutation system is an important system in juridical practice all over the world. Our government attaches great importance to the commutation system and stipulate in explicit terms in the criminal law. The commutation system has played an important role in stimulating the offenders to take active part in criminal reforms, decreasing the reform costs, optimizing the reform results, and improving the social benefits. However, our currently-applied commutation system still has defects in many aspects, and is necessary to be timely improved and perfected.Starting from the concept of commutation, this essay launches a discussion upon the nature of commutation——Change of penalty of original judgment or change of penalty execution? A substantive criminal law system or a criminal procedure law system?——and draw a conclusion that the commutation is a substantive criminal law system of changing the penalty of original judgment. By analyzing the current condition of commutation systems in common law system and civil law system, it can be seen that in civil law system the power of commutation is generally performed by court, while in common law system by prison authorities; and in both law systems the applicable conditions of commutation emphasizes on the objectivity of the offenders'observing the prison rules or other welldoings. On this basis, comparison was made with current conditions of our commutation system, and proposals and ideas was put forward to improve current existing problems of our commutation system, including adding special commutation regulations for probationers and impubes criminal offenders in applicable commutation targets, unifying fixed-term imprisonment criminal offenders'commutation initial time and shortening the intervals, establishing special commutation agency in Prison Administration Department and further improve the commutation procedure, enhancing commutation force of parolee and medical parole criminal offenders and incorporate the commutation revoke system into present law system as soon as possible.
Keywords/Search Tags:Commutation, Applicable Conditions, Remission Rate of Commutation, Commutation Procedure, Commutation Revoke
PDF Full Text Request
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