The Investigation Report On The Operation Of Commutation Practice

The system of commutation is an important part of Penalty Execution System,and its importance is not only an active role in the system for the incentives therehabilitation of offenders, but also because of its wide applicable in judicial practice.its importance not only in the system to encourage the criminals positive effect,Although the commutation system in the educational practice of criminal reform somesuccess, at present in our country the commutation practice appeared to deviate fromthe legislative spirit of the alienation of the commutation system.Investigation of the actual situation real contingencies of the commutationoperation in practice, in-depth analysis of the outstanding issues in currentcommutation operation demonstrated on a practical level and on this basis puttingforward to improve the proposals and countermeasures, will undoubtedly haveimportant theoretical significance and practical value.This paper mainly uses the files of surveys and interviews to investigate. Thispaper take a prison in Hainan as the main research object, and analysis the statistics ofthe2007-2011reported commutation cases statistics in this prison, supplemented bysome data of the reported commutation cases in a prison in Henan to analysiscomparatively. Put the real contingencies of the current commutation practice to bepresented and try to find out some outstanding problems in the current commutationpractice on this basis, and propose the corresponding recommendations andcountermeasures, in order to promote the commutation system function the better playand criminal offenders’ correction work better to carry out.This research report consists of five parts, a total of about26000words.The first part of this research is a brief description of the purpose andsignificance of the research, that is, through the investigation and analysis of the2007-2011reported commutation cases of a prison in Hainan and the commutationpractical operation of the prison find out the outstanding problems of the commutationoperation from a practical level, and propose some improvement recommendationsand countermeasures to address these issues.The second section describes the survey methodology used to complete thisresearch, that is, investigation of the files and interviews. The third part is the presentation of the results of this research, including thefollowing ten aspects: commutation situation compared of a prison in Hainan andanother prison in Henan from2007to2011; the comparison of commutationconditions and amplitude in a prison in Hainan and a prison in Henan; the actualimplementation of sentence of the prisoners released in a prison in Hainan; thestatistics of the commutation sentenced of the full release; applicability of the old orsick to commit the commutation; the statistics of the reasons of the reportedcommutation; the statistics of the results of the scoring assessment in a prison area;the instructions of the actual operation of commutation assessing procedure in aprison in Hainan; description of the procedure of reporting commutation cases named"two publicity, three public, five review" in a prison in Henan; the court’sdetermination of the commutation cases reported from a prison of Hainan.The fourth part is the analysis combining the research results with the relatedtheory of criminal law and the legal requirements, found the outstanding problems incurrent commutation practice, including the following eight aspects: The currentcommutation practice operation of rotation deviates from the legislative spirit ofcommutation system; Set commutation proportion artificially; Assess commutationeligibility and conditions without a unified and standardize standards; Commutationconditions setting unreasonable, resulting in the felons actual execution shortage; Forthe different Dangerousness and different types of criminals is not r treated differentlyin the commutation condition; Scoring assessment system for heavy laborproductivity but light thought reform, is too objectivism; Courts hear commutationcases in the lack of specialized agencies, ruling based on a single term; Attorney roomin prison exists in name only, and the supervision of procuratorial organs tocommutation work in a mere formality.The fifth part is the corresponding suggestions and countermeasures put forwardagainst the problems in the current commutation practice on the basis of analysis,mainly including the following seven recommendations: abolish commutationproportional system; establish the commutation margin, the starting time scientific,and set commutation conditions in classification; optimize the current scoringassessment system, and develop a unified national implementation details; change thecommutation assessing standards only based on the results of scoring assessmentsystem; sound commutation proceedings as soon as possible, to enhance thetransparency for the commutation petition of prison and the commutation hearing of Court; establish the specialized agencies, trying improve the quality of the trial of thecommutation cases; play advantage in monitoring of Attorney Room, to effectivelyperform their supervisory duties.