An Analysis Of The Procedure Of Zhang Hai 's Commutation

Commutation system is very important in our country criminal enforcement procedure of the punishment system of change. Commutation system using of good, conducive to the implementation of the criminal policy of "tempering justice with mercy" in our country, safeguard the criminal human rights, promote serve actively accept education reformation, as early as possible to the society. But should not be ignored is that the current commutation system is not enough mature and perfect of our country. Commutation procedure in the process of actual operation, there have been some deviation, lead to deviate program.Problems of the current commutation procedure in our country the main show is rich, powerful advantage of escorting her power, false contributions were reduced. And commuted to the program in China is not transparent and commutation trial procedures of examination and approval in writing, objectively for the criminal and law enforcers to make trade power provided a hotbed for judicial corruption. News media have done a lot of tracking reports, some judicial corruption cases involving reduced gradually surfaced, "zhang hai commutation case" is a representative case.In this paper, besides introduction and conclusion, text includes four parts, a total of more than 17000 words.Text the first part, this paper introduces the basic case "zhang hai commutation case", and around the basic facts which lead to the discussion focus to the case.Text in the second part, it is the case example the most part, mainly around the focus problem that need to discuss this case, the focal point question involved in related legal and relevant procedural problems are analyzed, for the following research has laid a good groundwork conclusion and revelation of research. This part is mainly on the way to turn zhang hai prison from the prison to visit, prison sentence to the legality of procedures and zhang hai commutation proceedings this three parts is analyzed.The third part, through the analysis of the relevant procedural problems, draw the conclusion of the case research.Body of the fourth division, for the high part of this article. Through the analysis of the whole case, review and summarize, to prevent the occurrence of the next "poster", plug up loopholes in existing commutation procedure in China, puts forward the reasonable Suggestions of perfecting our country’s commutation procedure.