Reduce The Penalty Sentence By Applying To Investigation And Discussion Being Hit By Several Practice Problems

Commutation system is an important mechanism of the enforcement of penalty as a tool of encouragement to appropriate criminals'performances during their serving of sentences. It particularly shows a policy of the combination of punishment and leniency, and the combination of penalty, alteration, and education in the enforcement of penalty. It is of important practical significance for arousing the criminals'reforming enthusiasm to society, for their earlier returning to their family, and for reducing the disadvantages of the long time serving of penalty.Although commutation system plays positive roles in preventing criminals' repetitions of crimes and in stabilizing the prison's order, it has some problems that cannot be overlooked in the theory and practice. These problems not only frustrated the criminals'altering enthusiasm, brought negative effect to the prison's management, but also reduced the system's positive significance in its legislation spirit.Commutation system is provided in national laws, such as criminal law, the prison law, and so on, but it has many legislation vices in reducing penalties for criminals who are inventors, creators, active confessors or surrenders, and for criminals who are aged, weak, sick, and disabled. All the above defects must be brought into perfection.While China's criminal law provides the commutation system, and relevant judicial interpretation right commutation applicability special provisions,However, for the remission for meritorious service in the Guan Zhong Da Ren Ding involved in the invention Chuangzao Ruhequeren, Yi Ji crime than surrender, how old and sick Fan for commutation and other practical issues in the legislative and judicial interpretation is required by the provisions of unknown or defective, leading to practical application in the commutation system running sluggish.The author of this thesis elaborated his arguments, presented workable measures, by giving examples in his own working experiences, in hoping to facilitate the perfection of commutation system.