"loss Reduced" In The Judicial Practice Of The Comprehensive Analysis And Operation Specification

S i nee Guangdong Dongguan intermediate People’s Court in November2005applied to the philosophy "lose money commutation of the sentence " to sentence robbery causing death defendant Wang Chang lighter sentenced to death,"lose money commutation" has been known widely and plagued by social controversy. The public believes that the crisis of corruption hiding in the judiciary to lose money commutation of sentence challenges the principle of "equality before the law" and is contrary to social justice. People can not tolerate the "money" was introduced into the judicial process. However, since the emergence of the first "lose money commutation" case in Dongguan, Chongqing, Beijing, Henan and Yantai have introduced "losing money commutation" concept to criminal cases. We can see that,"lose money commutation of the sentence "has become the judicial practice in a "trendy" judicial philosophy. In fact, many foreign countries have about losing money commutation provisions in the legislation."Lose money commutation" has its existence value in the judicial practice of China. Lose money commutation in line with the spirit of the criminal policy of combining punishment with leniency is able to comfort victims. While penitential attitude into the victim through active compensation embodied in the commutation of the discretion of the plot is considered in favor of the defendant positive transformation, all these can build a harmonious society and reflects the progress of the rule of law. Of course, since the philosophy "lose money commutation" lack of clearly defined systems, application of the conditions applicable to magnitude, the fuzziness of the applicable procedures can easily lead to various problems in the "lose money "operation of the commutation, causing public questioning. Therefore, in order to make this judicial philosophy really play to the values, it must be strictly applied condition, clearly applicable to the magnitude of the specification applies to the process, in-depth understanding and grasp of the "conditional compensation" and "one-way compensation" and "positive compensation of the amount of standard". These three principles of practical problems, the transparency of the process and results, to get the public recognition and trust, make it better serve the rule of law.