Restriction Of Death Penalty Should Be Added To The System

"Criminal law amendment (eight)" adding System of commutation of the death penalty with suspension of execution limitation not only to solve the problem of the penalty system of our country " Bear criminal processing is overweight, condemned inmates with light", embody the criminal policy of tempering justice with mercy, and it is limit suspended death sentence system, as an alternative punishment of limit and even after the abolition of the death penalty in our country, to slow down the present judicial practice, a large number of "spend money on punishment","Spend money redeemed" and executives of The death penalty with suspension of execution criminal Perform an illegal operation of corruption.Since the implementation of commutation of the death penalty with suspension of execution limitation, the good news is that it does some lawmakers reached the expected purpose and effect: on the one hand, through to the minimum tariff regulation, and commutation rights restrictions, to improve the defects of "punishment too light" in our country, on the other hand, its harsh prison for a long time, also greatly to soothe the murdered party mood, limiting the application of the death penalty. But at the same time, in the practice of limiting commutation system also brought certain negative impact. First of all, in theory the abolition of the death penalty does not need to replace the punishment, and long-term imprisonment is not conducive to crime prevention and increase the deterrence of criminal law. Secondly from the point of view of practice, limiting the commutation system for inmates long-term imprisonment commutation rights and deprivation, caused a large number of inmates mental despair, leading to inmates in prison boycott, clashed with administrative personnel, and even crime again.The author thinks that, if we want to eliminate the negative effects of the system. The key is to establish rehabilitation, giving inmates to regain a commutation of their sentences, or the hope of the early release, fueling the reform of prisoner’s enthusiasm and eliminate negative consequences.The rehabilitation refers to the prisoner who is sentenced to the commutation of the death penalty with suspension of execution limitation during the period of execution, prominent have major meritorious services in accordance with the statutory conditions, can through the complex power system, by the people’s court rulings to its limit commuted sentence, restore the rights of the criminal applicable commutation. Our country has not build the rehabilitation, the rehabilitation’s establishment is not a single individual, but a whole program. First, the rehabilitation shall be presided over by judicial organs, and ensure its implementation fairness and neutrality, which is the basis of complex power system is founded. Second, we should be engaged in the legislation, the matter and stylized afterwards supervision and construction three aspects to build the rehabilitation. Forming a complete whole can truly make the rehabilitation function and promote the system of commutation of the death penalty with suspension of execution limitation to Mature and reasonable.