On The Perfection Of The System Of Restraining Death Penalty

"Criminal Law Amendment (eight)" starting from May 1,2011 came into effect. The amendment of the relevant provisions of the death penalty has made substantial amendments to the abolition of the death penalty for economic crimes some narrowing of the scope of the death penalty immediately apply the object but also to perform some were sentenced to death row criminals commutation make new regulations. For example, due to the implementation of intentional homicide, kidnapping, robbery and other serious violent crimes to be sentenced to death can be determined as well as its limitations commutation improved Probation major meritorious services during the period of minimum terms of imprisonment of criminals, etc. The amendments to the criminal law are highly concerned about the academic and judicial practice sector. Particularly the discussion of reprieve limit commutation system is more enthusiastic, theorists now forming two opposing views. That the party believes the death penalty commuted to probation criminals restrictions for the punishment of crime will not play much effect, reality has little significance. Another view is that the system can effectively reduce the major criminals and punish them more effective transformation. But it also can reduce the death penalty, as China gradually immediately enforcement of applicable alternative. It is a major progress in China’s penal system, to our criminal system has a very positive impact. Although restrictions on reprieve commutation system has many arguments. But now academic research in this regard is not deep enough, to be more in-depth discussion. In this paper, in order to limit the commutation system for reprieve affirmation is based on clear that the progress of its place on our criminal legislation, thus limiting commutation system for reprieve produce internal cause analysis also pointed out that its normative model and its specific application in judicial practice expression. And then put it in the above premise prone to various problems in practical application. Through in-depth analysis of the problem and then recommend legislative and judicial reprieve limit commutation system aims to perfect.