Research On The Restrictions On Commutation Problem

Restrictions on commutation of the penalty system is closely related. Changes in the penal system involves the execution of the penalty, including commutation of the implementation of this change. China’s penal system is generally reasonable, but the penalty structure arrangements, applicable in all criminal and bridging the gap between capital punishment and free criminal larger, the penalty enforcement There are many details are still inadequate, so it does notable to adapt to the penalties applicable to development trends, adapt to responsibility and punishment, the penalty when the severity of the offense, the justice with mercy, in order to achieve the goal of crime Prevention. The penal system has long been assessed heavy penalties, apparently caused by the excessive presence of the death penalty. By reduction to adapt to the death penalty repeal this general trend, in order to reflect the criminal law protection of human rights awareness, only to be adjusted for each sentence of the death penalty, more clearly, of penalty points. Reasonable penalty structure ultimately end up depends on the perfection of the execution of punishment. China’s execution of punishment system there is no lack to be improved at such unilateral one-sided focus on the utilitarian nature of the penalty, to promote the rehabilitation of offenders, the blind commutation, the rash is suspected and can not highlight the different penalties of felony and misdemeanor penalties and enforcement, including the assessment of the lack of scientific reward and punishment of criminals. Emphasis on commutation of sentence applicable to the neglect of other penalties execution of its unique and irreplaceable role, coupled with the commutation defects to enforce its law, ruling, the expected role of the punishment to be weakened in the implementation phase. Therefore, to pave the way for the abolition of capital punishment, the retributive and utilitarian coordination penalty, in addition to the punishment of the individual criminal or individual crimes to be strengthened adjustment must be sufficient attention to implementation issues of the penalty, in particular, is one of the commutation applicableseries of questions, when necessary, to limit the commutation.Not only in the Punishment of the long-term free sentence sentence limit to relax, to reflect the intensity of the fight against crime, on this basis is still a number of serious crimes, sentenced to longer prison terms, according to more stringent standards and methodsapplicable to the commutation of the sentence. In order to achieve to be imposed in addition to the death penalty outside of the heavy penalties for serious offenses, free criminal sentence should be extended to life imprisonment, imprisonment sentence of the upper and lower limits, control the commutation of the short-term free sentence and additional punishment, focusing on the execution of the way society realization. Standards increase from the commutation and the interpretation of the specific criteria for the re-annotation of the commutation implementation trial, further monitoring program set up and complete, and the commutation of the sentence and the execution of punishment applicable percentage to be growth and decline of the penal system and the execution of punishment of interdependence and cooperationaffect the situation as a whole. From macro and micro point of view to limit the commutation of the implementation of more specific, add a commutation of sentence revoked and tests, so that all aspects of control applicable to the reduction of sentence, or even reduce the commutation applicable, to prevent damage to the penalties of the seriousness and deterrence, in order to control and crime prevention effect. Limit commutation as the Criminal Law Amendment8established the execution of punishment, commutation limit extension are included. Limit commutation is used, a small number of offenders imprisoned time was extended to many, has been duly punished. But there are still commutation applies too much excessive. Commutation applicable to the status quo of our country, you can consider looking for more and different methods of implementation, reduce the application of the commutation of the sentence, such as expanding the application of the parole rate, extend free criminal sentence on the basis not only enables the criminals deserve the sentence of punishment, but also to social transformation and supervision of long-term imprisonment. In addition, the appropriate punishment species increase also allows penalties to punish diversified, social, and more targeted. In addition, the appropriate punishment species increase also allows penalties to punish diversified, social, and more targeted.