On Commutation System

Commutation system, an important execution system in China, is a general legal encouraging measure as well. But in current criminal practice, the criminal institutions overused commutation of punishment, which lead commutation of punishment abuse, at the same time, the criminals misunderstand commutation of punishment, so the commutation system is dissimilated. The article studies on commutation system from the angle of prison execution.This article contains four-parts.First part: Outline of commutation system. This part puts forward the concept of Commutation at first, explains afterwards the meanings of the commutation system, points out that the punishment of responsibility for an offence meets the embodiment in the course of carrying out in penalty of the principle to give commutation, commutation system shift and promote criminal to transfor, prevent people committing crime, points out three negative effects and corresponding improvement measures of commutation at the same time;It is a theoretical foundation of commutation finally, namely the education punishment theory of the criminal social school and economic principle of penalty.Second part: Comments on the current situation of our country commutation system. It gives suitable principle commutation to tell at first, combines together principle, judgement and adjudication relativity principle of change with transformation to punish. Secondly gives suitable condition, including target's condition, essence condition and limit condition commutation, It is three question about giving commutation finally.The third part:The factors that prison influences the operation of commutation system and gives the ownership of right commutation. Originally some have analysed the current situation of carrying out a sentence in the prison of our country objectively from the real and right angle, enormous contrast of the execution of the prison and close and concealed prominent and society's whole open developing state in one's own present position; The pluralism of the function of the prison, make the prison desalinize and educate transforming criminal's function consciously or unconsciously, in addition, criminal actual behavior toserve a sentence course must influence the benign operation of commutation system. And current court and prison jointly exercise commutation right can overcome influence of unfavourable factor while prison carrying out a sentence. Assign angle expound the feet from power court jury diction to give leading role of right commutation then. Draw lessons from abroad carrying out a sentence right operation developing and legislative exampling finally, prove jury diction should to carry out a sentence right operation field wades entering generally and effectively.The fourth part: Give the reform and perfection of the commutation system. It proposes about giving several suggestions of the institutional improvement commutation, namely set up the specil court, strengthen the support and restriction of right of carrying out a sentence of jury diction; Implement jury systems of people, fully utilize social resources; Let injured party and criminal participate in procedure of giving commutation, in give commutation in trying hearing injured partying and voicing of criminal; Change and try the way in writing, realize that holds a hearing publicly, in order to realize the procedure just.