The Suggestions For The Problems Of Commutation System In China

As the major part of the work in the prison authorities and other judicial organizations,mitigation of punishment is one of the most significant execution system of the criminal punishments in China, it makes a difference to the juridical practice at the same time. But more and more problems are coming out when the judicial procedure is practicing which not only lead to deviations from the judicial justice easily but also helpless to improve the quality of the work in prison, what is worse, commutation should hardly be executed with the problems.In this paper, the author did a survey in a Prison Criminals in Yunnan Province and made an analysis of commutation system in China. There are much problems to hold up the improvement of commutation system in China such as legislative defects,single trial of the court or unreasonable way of Procurator ate supervision and so on. On the other hand, it is reasonable to keep this problems exist like lag penalty values and execution idea,the weak consciousness of democracy and rule of law,little know about commutation system and function and the lack of perfect after the commutation of social mechanism. If the problems can't be solved, China's socialist construction of rule of law society process would be held up. Study on the problems of commutation system designed from a legal perspective, take effective measures and solution. First of all, we should to establish a unified standard commutation aspects explicit laws and regulations as soon as possible and make sure everything would be depended on the law. Prison must formulate a unified criminal punishment assessment method to ensure the effectiveness of commutation. Secondly, we must open the commutation procedure to ensure the rights of criminals when the punishments are executed and change commutation written trial method to improve the accuracy of commutation in the court, Make clear the duties of law enforcement and judicial through legislation. Only to solve the problems this mentioned above all so that we could to make possible to keep the commutation system of fair and efficient and harmonious society.