| The profound changes in social structure, economic rapid development today, the entire society’s high crime rate, the whole social law popularization and the task is arduous, on the other hand, prison overcrowding, the inmates of the growth rate far ultra ability under the supervision of the emergence of. The judicial system is facing the double pressure, not only to the prevention of crime and within the limited judicial resources of high quality, efficient completion of the task of rebuilding the prison staff. A sword is to break the current predicament of commutation system, it is a transformation of good prisoners, a corresponding reduction in the term of reward penalty execution system, has already been used in the world. If reasonable apply, to the greatest extent incentive prisoners active accept reform, improve the positive transformation. Positive transformation can improve in a certain extent, shorten the inmates of the prison term, the reform cost can be effectively reduced the quality of the prison, can make the limited regulatory resources to display the biggest effectiveness, improve the transformation; if the application is not reasonable, or the existence of the black box operation and other illegal phenomenon will certainly fight the inmates of the positive transformation and disturb the regulation reconstruction of order, the prison eventually not conducive to building a rule in china. It is precisely because of the commutation system has important significance for the effective operation of the judicial system, we should pay attention to and improve it. However, in judicial practice, because of the actual situation in various regions is not a prison, in addition, the people’s court, the people’s Procuratorate three organs cannot smoothly with each other, the commutation system appeared a series of problems in the practical application aspects. To resolve this situation should first in-depth understanding of the commutation system in the real situation of China applicable, by means of empirical study, assisted with data analysis method, case analysis method by using the questionnaire survey. As a representative of the prison as the research angle of view, more in-depth, more intuitive, more convincing description of the problem, in our application of the commutation system and analysis of the causes, the ultimate solution to the problem, really do know, talk with data.This paper mainly includes three parts: one is the empirical study on the application of our commutation current situation, selected in the national representative W prison as samples, from the overall, beforehand, thing, draw the ruling in the post supervision four links with the interpretation of applicable conditions based on the current situation, and puts forward the existing problems; the two is the reason for my application the country is reduced, according to the above questions are the reason analysis, three aspects from the view of value, system, system, supplemented by the questionnaire method, the problem of comprehensive, in-depth analysis of the status quo; three is applicable to China’s commutation of perfection, through the above analysis of the causes, in terms of value "Yang", "abandoned", system perfect and unified system, rationalize the system, put forward the perfect idea, and focuses on the measures of rationality and operability.Innovation points: one is empirical research, by selecting the representative W prison on field research, in order to obtain the data more comprehensive, more authoritative, evidence of the commutation system of study data. The two is to increase the sample survey methods, to prisoners, court, procuratorate staff questionnaires, case study. Problems in the design focus on ideology and so on, make the intuitive and accurate data, in order to obtain more scientific and authentic research... |
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