The Research On Commutation System

Commutation system is an important system for execution of punishment in our country, which is also an encouraging measure. According to this measure, during the period of execution of punishment, the punishment which hasn't totally executed will be adjusted appropriately on the basis of convicts'performance such as positive reformation, repentance, making normal or great meritorious service and so on. This system has a vital significance to convicts'positive reformation, repentance, alleviating the pressure of prison supervision, saving the cost of execution of punishment and improving beneficial result of society.However, we have to admit that there exist some problems we can not ignore in the practice and theory, for example, the applicable condition is not so perfect, the basic is unreasonable, the propotion is hard to define, the written investigation may be unjust and the supervasion system is unsound and so on, These problems not noly discourages convicts to reform positively, brings out the corruption of executive body, reduces the positive meaning of commutation, but also influences the deterrence and preventive aim of criminal penalty seriously, which is contrary to legislative spirit. In the light of the existing defaults of this system, the paper will complete in the following aspects:first of all, perfect the applicable condition of commutation, including increasing the objects'scope, perfecting the substancial condition and stipulating limited conditions. The second, design the standard of rating scientifically, for example, unify the standard of scoring, pay more attention to remolding thought, reinforce internal supervision mechenism etc.. The Third, insist on the standard of commutation and deny the establishment of proportion of commutation. The forth, perfect the system of hearing trial, particularly stablishing a specialized institution for commutation.The fifth, perfect procuratorial supervision mechenism. The sixth, set up a hearing system of commutation.