Commutation And Parole System Under Temper Justice Of Mercy Policy

As important means of changing penalty execution, commutation and parole play important role in the whole criminal law system, which can ensure the due effect of penalty, form effective deterrent for criminals and assure social harmony and stability.The first part of this thesis introduces the background and significance of Temper Justice of Mercy policy, the principle and running mode of commutation parole system. It also elaborates the latest changes of commutation parole system combine with Amendment (VIII) to the Criminal Law of the People's Republic of ChinaThe second part analyzes the problems of implementing Temper Justice of Mercy policy from three aspects. First, there are many problems like favour commutation more than parole, lack of statute, negative block of freedom penalty from property penalty and shortage of specific regulation in subjects of duty crime. Second, the utilitarian construction of commutation system, fuzzy commutation statute of criminals who are given short-term imprisonment, public surveillance or criminal detention persecute the practice of commutation, as well as general regulation of accessory penalty commutation. The last one is the legislation contradiction and the low rate of application of parole.The last part visualizes a better commutation and parole system under Temper Justice of Mercy policy from two sides, which are redefining the possession trend of commutation and parole right, and the mechanism innovation of commutation and parole system from legislation and judicial practice.