On The Provision Concerning Restrictions On Commutation Of Death Penalty With A Reprieve

Against the background that there has been the trend of limiting death penalty strictly and abolishing it gradually in death penalty reform, and based on the current situation in China that death penalty can not be abolished completely, restrictions have been set on commutation of the death penalty with a reprieve in Amendment (Ⅶ)to the Criminal Law of the People’s Republic of China, and the new provision of executing punishment will definitely play a significant role in implementing the policy of "tempering justice with mercy" and reducing the application of immediate execution of death penalty. However, due to the current legislative defects and the limitations of the provision itself, some problems have arised in juridical practice such as the low frequency of practical application, the overuse of judge’s power of discretion, the inconvenience in enforcing certain legal items, etc. Therefore, it is imperative to deepen the comprehension of the legal items, and to improve the legal system by widening the scope of application, clarifying the standards of application, strengthening procedural legislation, etc. In view of this, In this thesis, it is suggested that, other crimes of violence except the seven listed in Amendment (Ⅷ), crimes of embezzlement or bribery, and drugs-related crimes can also be included into the category of restrictions on commutation of death penalty with a reprieve. The author also proposes that the applicable conditions should be carefully weighed in restricting commutation of death penalty with a reprieve, and the highest legislative organ should issue corresponding regulations to specify the commutation procedures. It is hoped that the thesis may be conducive to the further improvement of the provision.