Research On The Procedure Of Commutation

System for reducing sentences is admitted unanimously by theorists and practice circle, as it corresponds to theories like idea of protecting human rights, execution individualization and execution socialization, adding that it plays an important role in practical correction for crime. Reduction of sentence, which is an important enforcement of criminal punishment in our country, is irreplacable in reforming criminals. However, in the quickening pace of the proceedings of the rule of law in our country, existing system for reducing sentences reveals many problems from the layers of legislation and practice. Besides, its deficiency and flaw in the aspect of implementation is generally denounced and criticized.Judging from the current juridical practice in our country, rules on the most rudimental problem of the sentense reduction rights power is inexplicit. The procedure for reduction of sentence involves too much administration, which results in its closed position lacking supervision at present, which can easily lead to power curruption. In this article, by reviewing the development of the procedure for reduction of sentence in our country, as well as comparing the current situation of the procedure for reduction of sentence in our country with the procedure mode for reduction of sentence abroad, effective measure is sought to address the existing problems in the procedure for reduction of sentence in our country.Aiming at perfecting the procedure for reduction of sentence in our country, relevant theories are analyzed and investigated. This thesis is writen in this train of thought and by investigating and comparative analysis, and its logical structure is as follows.The first part, introduction of theories of procedure for reduction of sentence. There are three parts, namely the concept and theoretical principle of reduction of sentence, concept and features of procedure for reduction of sentence and theoretical principle of procedure for reduction of sentence. These introductions on basic theories make the basis for later discussion.The second part, comparative analysis and enlightenment of procedure for reduction of sentence home and abroad. This part first review the development of the procedure for reduction of sentence. Then the current situation of the procedure for reduction of sentence in our country and three procedure mode for reduction of sentence abroad are comparatively studied. At last, the implementation mode of the procedure for reduction of sentence is posited as justice-model.The third part, existing problems and causes of the procedure for reduction of sentence in our country. In this part, existing problems of the procedure for reduction of sentence in our country is studied on layers of legal norm, sentence reduction judgement, check and supervision and cooperative system. Then the causes of previously mentioned problems is discussed, expected to be surved as practical guidance of material construction of procedures.The fourth part, perfecting the procedure for reduction of sentence in our country. This part is significant in this thesis, it mainly includes two aspects, namely basic train of thought in perfecting procedure for reduction of sentence and some tentative plans on perfecting the procedure for reduction of sentence in our country. Specific measures are, perfecting law system of procedure for reduction of sentence, improving submission procedure, standardizing hearing procedure, strenthening supervision mechanism, adding cancellation procedure and perfecting cooperative system.