Commutation Application Research Of China

The commutation is a system for the criminals sentenced to public surveillance, detention, imprisonment and life imprisonment. The criminals who show repentance or meritorious performances during the execution, then their original punishment should be appropriately reduced. The commutation system is set up for the purposes of education and probation, which means giving a fresh start in criminals’lives through the transformation. On the other hand, saving the human and material resources of prison management, and using the least resources to transform crimes is also the purpose. However, the application of remission system in China is facing more and more problems in recent years, such as the supervision, the main body of commutation, the oversight of commutation, the revocation, the commutation problem of special object. Those problems in judicial practice are standing out gradually. Under the trend of gradually repealing commutation in more and more foreign countries, China’s penalty policy of’Commutation based, parole for pave’is facing with enormous challenges. How to implement and improve our remission system is the most important thing of the application of commutation sentence, which is the paper studies on.This paper consists of four parts; the first chapter is the overview of commutation, which introduces the origin of modern commutation, the development of the remission system, the commutation and the right to be commuted, and significance of the study of the commutation system. The second chapter talks about the applicable conditions of commutation specifically, including three conditions:the main body, the substance and the limit. The third chapter focuses on the problems that which was discussed on the application of the commutation system, which including five aspects:the main body of the execution right, the check up system of commutation, legal supervision, revocation of the commutation and the commutation of special object. The forth chapter discusses the improvement of the application of commutation system on the problems raised in the third chapter specifically. The author suggests some solutions in order to solve such problems in the process of application of commutation system.