Research On Discretionary Reduce System

The adoption and abortion of Discretionary Reduce System has for long beencontroversial. This system has enjoyed a widespread popularity in overseas criminal justicesystem and been resorted to with varied frequency. Despite the fact that China has retainedthis system in its1997Constitutional Law, it has been not adopted with a proper frequency.Even it is not consulted when appropriate. There is no doubt concerning its establishment. Inaddition, it is necessary to analyze the reasons behind this phenomenon and improvelegislation accordingly in order to make full use of this system and realize the justice andfairness of the legal system.Discretionary Reduce System embodies great value in that: it can cushion thediscrepancy between legal hysteresis, ambiguity, generality and stability caused by thelimitation of foreseeability of legislator; it is required by China’s criminal policy of severitywith leniency, helpful in judge’s execution of discretionary power and achieving penaltyindividualization; also it is required by the principle that the punishment must fit the crime,facilitating penalty rationalization, embodying modest of the criminal law. Elements that canretard this system can be both procedural and hypostatic. In the former, the procedure of thissystem is considerably complicated. In the latter, for instance, what is special circumstances isstill not fixed and the same with whether to abide by paragraph2of article63of the CriminalLaw.Consequently, the procedure of this system should be adjusted and meanwhile itsapplication conditions should be explicit in order to facilitate its proper application.