Research On The Commutation System Of China

Commutation of sentence which plays an key role in the transformation of the criminal is an important system of enforcement of punishment as well as the commonest legal encouraging measure.We have accumulated many experiences and methods of success,but the Commutation of sentence is improper application in the current judicial practice,theory and shi engage in circle to offer advice therefore into speech and even proposed to abolish the sentence someone to improve after on behalf of the parole system. I think sentences should be retained,Author think that commutation conducted difficult problem is various factor and the multilayer surface such as legislation,administration of justice and society to interweave together result.To solve commutation conducted difficult problem all-sidedly,must look for crux point all-aroungly from three-dimensional angle. This paper has the aid of forefathers to carry out already some basic research for the communitation,stands in our country judicial practice,application condition,procedure operation,supervision mechanism,all directions to find the crux of point.In this paper, with previous system of commutation for basic research has been based on the judicial practice of our country,from the application of commutation conditions,procedures and oversight mechanisms operate to explore three areas,and improving the system of our country the idea of sentence.Specifically,include the following:First,in the application condition aspect I suggest balance minus and minus must practice by enrich the application condition,and improve assessment methods;Secondly,the commutation procedure aspect I suggest give the parties the right to participate in an open hearing in writing to change the current court hearings,and set the"minus"to reduce the process of withdrawal and to avoid execution and management of the prison of the dead-end activity;Thirdly,the communication supervision mechanism I suggest strength the prosecutorial supervision, establish and improve the social supervision especially media supervision.