Commutation Problem Research

The rise of criminal thinking with the purpose of punishment and education, the center of gravity of the penalty by the focus is already turned to concern the first place, the execution of punishment as the final stage of the national criminal justice activities, is no longer a negative punishment for crime but rather focus on the offender’s positive correction, by repression, punishment execution retaliation toward promoting the transformation execution education, correction of offenders, crime prevention and reduction has become the purpose of the execution of punishment (execution). This suggests that education utilitarian theory and the theory the mountain thinking under the guidance of the positive execution times one has come with this adaptation, the penalty enforcement function by mechanical blind, passive acceptance towards Purposiveness endowed with reason and regulation initiative motor. In the process of execution of punishment, by commutation, pardon, relief (such as fines) and other legal way to determine the punishment is a limit of amendments and adjustments, and ultimately achieve the purpose of punishment has become the executioners of the various countries and regions actively execution times under ordinary follow regulation mode. The commutation of the sentence is in the process of execution of punishment in a regular criminal justice activities, is an important part of China’s penal system, the function of play should not be underestimated in the execution of judicial practice. The execution regulation means-remission system theoretically as the parole system has an equally important role, because at this stage many factors role in the judicial practice applicable rate is often much higher than the parole and other execution system. The face of the reality of the situation and the urgent need of this stage execution judicial activities, and we think that is very necessary grasp the commutation of execution of the function and purpose of the development context, explore ideas improve and perfect this important execution system, from the height of the perspective of the theory to explain this phenomenon and methods. This entire article is divided into four parts. The first is the introduction part, then the remission system overview and analysis of the meaning of the commutation, summarize according commutation. The third part is the main problems and their causes of the remission system exists in China, mainly from the legislative and judicial perspectives the remission system exists in China, and then summarizes the reasons for the remission system problems. The fourth part of the Perfection of remission system countermeasures to improve the legislation on the remission system, based on the analysis of overseas experience for reference, judicial perfect about the remission system. Finally, a summary of the full text.