The Research On Commutation System Of China

Commutation of punishment is an important execution criminal system in our country and also the most frequently used means in legal rewards and punishment. It is also play an important role in the practice of criminal penalty system. There are still some problems in the designation and application. This paper contains four parts to discuss some problems on the commutation system and designation of commutation system.This paper summarizes the basic content of the commutation system, defines the conception and the range of the commutation system on the basis of the review of the commutation system developing process. The commutation system in our country has special properties, for which, according to the commuted object, it should be generally defined and be classified into two kinds: general commutation and special commutation. The theory bases are the theory of education penalty, the humanitarianism of penalty, individual treat about criminal punishment and the economic principle of criminal punishment.The commutation quality will affect the development orientation of the commutation system, and is the foundation of the development and the improvement of the commutation system. This paper analyzes and judges 'the theory of jurisdiction' and 'the theory of execution of punishment' in the academic community separately, and point out commutation being classified as the authority of execution of punishment accords with the essential properties of commutation which is favorable to play an active role.The application of the commutation system is controlled by some conditions. The substantial condition of the application of commutation system is the release of the personal danger. The qualifications of commutation should be the concrete reflection of the abstract standard which is the reduction of personal danger, and general commutation and special commutation should be detailed by the improvement of the lawmaking technology of criminal law. At the same time it is need to set up commutation-testing system and commutation-canceling system and ensure the continuity of the commutation effect.The operation mechanism of the commutation system should be scientific, reasonable, and correspond with its quality. It is necessary to build a special commutation committee to execute the commutation authority, absorb the criminals and other relevant witnesses to take part in the commutation process and finish the commutation decision by hearing of witnesses. The execution of commutation should be monitored by procuratorate and the social and build the relevant remedy process and the supervision mechanism.In the claims of parole replacing commutation, we should realize the properties and functions under our country's special conditions. Commutation and parole can form the connect systems but can not take the place of each other. The future direction of commutation should be improvement and development.