Study On The Issue Of Limit Commutation Of Stay Of Execution

The death penalty with suspension of execution is an original penalty execution system in China, which embodies that criminal justice policy is to kill less and kill cautious, On Xi Zhou dynasty, thought of Cautious punishment contains "matching heaven with de""Showing morality first, Cautious punishment following up" is the source of thought of the death penalty with suspension of execution. And Confucianism made "cautious punishment thought" into "Showing morality first, Cautious punishment following up" in the feudal criminal law which character "DE moralized";"Keeping for foster" system on Northern wei period and the "prison" on Ming and Qing dynasties are the source of suspended system of death penalty. In1979, the criminal law of the People’s Republic of China established the first paragraph of article43of the suspended system of death penalty. Practice has proved that the death system of death penalty has active and broad sense, in line with the development trend of criminal law. which fully embodies the broad spirit of criminal law, punishment combined with the broad, Based on which, the limit commutation system fully implement the criminal judicial policy of tempering justice with mercy and strict control of the death penalty policy, which is a progress in the criminal legislation in our country. The system changed the unbalance," laying particular stress on death penalty,other punishment was too light,""live or death is entirely different." and brought Narrow gap of the death penalty and freedom penalty, to improve the deterrent threat of punishment, thus more strict control and death penalty applied to cautiously.Limiting commutation is not independent kind of punishiment, but is between the death penalty immediately executing penalty with a two-year suspension of execution, its property belongs to the scope of the death penalty with suspension of execution system. The system and commutation are deferent in the scope of application, the stage of litigation, legal nature, applicable object, based on facts, the court trial.Limiting commutation back and apply to, is to breakthrough from the old and be given a lighter principle. Since May1,2011, the law of the People’s Republic of China criminal law amendment (eight) implemented, Fu yang City Intermediate People’s Court successively sentenced10defendants to death penalty with suspension of execution and confine to commute among9cases on first instance. The type of cases is concentrated in the intentional homicide, robbery, rape3charges. All are violent crimes, four of the defendants are recidivists, three of the defendants’ former sin is violent crime, which is maintaining or high approval rate. A death sentence with reprieve is applyied to confine to commute, which includes three specific situations:(1) recidivist was sentenced to death penalty with suspension;(2) Due to the implementation of intentional homicide, seven specific crime the criminal, recidivist was sentenced to death with suspension;(3) because of the implementation of organized criminal, offender was sentenced to death with suspension, violent crime should be strictly grasp the spirit of overall limit applicable, if the simple sentence can guarantee the effect of the referee, just don’t have to limit the commutation. Currently, Limit commutation is relatively narrow scope, limit commutation to become the Compromise solution between immediate execution of a death penalty, whose importance has not been enough attended to and whether it can be applied to the mental patient is worth exploring. Recommend limiting commuted to expand applicable to deliberately hurt crime and drug crimes. For cases caused by civil contradictions intensified, in the application of the limit commutation problem, we need to pay attention to avoid two kinds of undesirable tendencies, for the immediate execution of a death sentence, to be sentenced in accordance with the law, avoid abusing prescribed a commutation of their sentences.The system represents a major change in the death penalty, this defendant who shall be sentenced to immediate execution of a death penalty, should be given priority consideration for suspended limit commutation system, because of the "great influence in the human mind is not strict punishment, but the continuity of penalty "1.If only the crimes of defendant and personal risk is applied to the principle of the system, which can not be embodied the crime is consistent, the death penalty is considered. The system makes part of the death sentence with reprieve actually execute time increase to more than25years, Crime who is in death sentence with reprieve has significant meritorious service suspended made actual execution in more than20years, which increases the severity of the death sentence with reprieve, develop dead probation similar actual effect just as long terms jail overseas. At the same time, promote the judge minimize on the application of the death penalty, which is conducive to resolving social contradictions, and which is good medicine to alleviate the victim relatives of anger, revenge mood.