Stay Of Execution System Research

The death sentence with a suspended execution is a unique innovation in China. There are some useful effects for the policy to reduce and control the cases of execution,to renew the criminal,to console the blasted,to claim the policy of Chinese death sentence and to restrict or reduce the death sentence and so on. This punishment system is not an independent law punishment but a simple way of death execution. China still needs to improve the specific provisions on applicability of this punishment. It is very important to better our criminal policy that tries to penalty and to kill carefully. But we have to admit that the system still has some aspects needed to be improved immediately because of its some disadvantages. This paper altogether is divided three parts, but to pay more attention to the disadvantages of the second part and the improvement of the system of death penalty with reprieve of the third part.The disadvantages and improvement mainly is to how to proceed with the Article 48; the Article 50 and the Article 51 of the revised criminal law in 1997:For one thing ,about the Article 48,there is a contradiction between the sentence to death and the need not to be executed; about what need not to be executed is not so clearly explained; another there are no differences between the system and a life imprisonment; the last defect is poll-parrot on the Article, about the Article 50, there are three legal consequences of the system : One, if those who did not commit an intentional offence during the period of reprieve, and death sentence can be commuted to life imprisonment after 2 years expired; Two, if those who made some major meritorious performances, and will be commuted to 15 to 20 years'imprisonment after 2 years expired; Three, if those who committed any intentional offences, and will be authorized to execute death penalty by the Supreme People Court. The questions are as following: One, there is the same consequence when the criminal had some major meritorious performances or not; Two, there is no necessary to analyze the intentional offence. Another part, Apart from commutation to a life imprisonment, which is equally applicable to the criminal committing no intentional crime, nothing special is applicable, according to the revision, to the criminal who has not committed intentional crime but has performed meritorious service. Finally, about the Article 51, the test period begins with the day adjudge of the criminal determine decision is illegal. The suspended execution is declared two-year reprieve, why not suspend for one year, one year and a half years,three years or others, but the test period is only two years, the legislation does not give an explanation, the criminal law theory also involves rather less.This article presents with the highlight on the following sections including the detailed studies of the system. There are five aspects should be improved: Firstly, about the conditions to confirming reprieve execution; Secondly, about the execution reprieve execution; Thirdly, extermination of the period of the reprieve and of the period of imprisonment of a death criminal commuted to a fixed term; Fourthly, strict on death penalty; fifthly, about the correlative innovation of system of death penalty with reprieve: First of all, to establish an appropriate long sentence, the maximum term can be 30 years; Secondly, to improve the professional quality of judgers so as to ensure the justice of sentence process; Finally, to assimilate advanced experience from the developed countries and advanced regions.