Some Issues Research. Commutation System

This article is the study of commutation system. Combining years of prison work experience, the author analyses the commutation in the penalty execution system. Commutation is a very important aspect of penalty execution system in our country, also one of the most common incentives to the Criminals in prison. A large number of judicial practices has proved that commutation is one of effective means to rehabilitation, good deeds continuing. It will also help to avoid the penalty for excess and realize the social benefits of penalties. This paper bases on basic theory of commutation system, and discusses the ownership of the commutation,application of the objects,commutation procedure and so on. The inadequacies and proposing improvement measures pointed out to enhance the operability of application system in judicial practice and realize penalty purpose.Whole articles base on theoretical of commutation system, the auther studies commutation system. and suggests two theory basis -educational concept of criminal ideology and concept of human rights.The functions of commutation system, is discussed and the value of commutation system in the judicial practice is affirmed, existing differences in ownership of commutation power is analyzed. In anther's opinion, the power of commutation should belong to the judicial organs.Secondy is the study of application of commutation object. especially death sentence with a reprieve,suspended sentence committed criminals, property criminals, short sentence criminals,minor criminals as well as the sick criminals, The several types of application on the specific operations are brought forth. Implementation of criminal offenses and their imprisonment rehabilitation are different, the extent of damage to society are also different. Therefore, the standards of commutation should be different to different kinds of the criminals. Finally, the problem of commutation procedure study is the key of this paper. The problems existing in the commutation of the law enforcement, courts in hearing cases of commutation and the supervision and responsibility of procuratorial organs will be discussed on the classification. Through the several detailed studies, the opinion of anther is brought out:penalty execution organs, judicial organs and procuratorial organs should perform their job-related duties earnestly and actively improve their related sectors, and then synchronous operation in the commutation case can be achieved. The protection of criminals' rights, the justice of the law and justice can be realized.