System Of Reprieve Limit Commuted

The limit commutation of stay of execution system is a penalty to deprive criminals of life, the only life that deprivation can no longer restore.In the international protection of human rights, the abolition of the death penalty trend, China has more retains the existence of death penalty, it is in view of our judicial practice conditions, the current and future for a long period of time, China’s total abolition of the death penalty in the cultural and social conditions, the concept of rule of law conditions are not met. Therefore, the limit still retain the death penalty is the consensus of the people, is also the country’s criminal policy.In order to meet the immediate execution of death penalty reduced, but also on the violent crimes in education reform, China’s "criminal law amendment (eight)" set up the restrictions on commutation system.Our current penalty structure there is death penalty focus, student punishment too light, between freedom penalty and death penalty is unreasonable, sharp contrast between punishment and the death penalty, life, death, severity of the poor, which greatly hindered the penalty function.Establishing reprieve restrictions on commutation system conforms to the principle of suiting punishment to crime, to play the function of criminal law of our country, to improve the structure of the penalty system in our country, to play a positive function of penalty and realize the purpose of penalty.Through actual implementation period of legislation extending reprieve made, both favorable and punish the violent crimes, and narrowed the gap with the immediate execution of death penalty, making our penalty structure more reasonable. For the maintenance of our socialist legal system of perfect structure, safeguard the socialist harmonious social stability and unity, safeguard the socialist judicial fairness image and great role in reducing the retribution idea.The restrictions on commutation rules "to be sentenced to death with a two-year suspension of execution and sentenced to a criminal recidivism of death sentence with a reprieve for intentional homicide, rape, violence crime, robbery, kidnapping, arson, explosion, dissemination of hazardous substances or organized, the people’s court according to the circumstances of the crime, can simultaneously decide commutation restrictions on its." Due to the specific application form case recidivism diversity, organized violent crime meaning is not clear, seven serious crimes of violence is to charge defines or behavior is not clearly defined, and not on the discretion of judges to be clear, this increases the difficulty and uncertainty of applicable restrictions on commutation system with judicial practice in the process, easy to lead to different judgments of the tongan. In order to achieve judicial fairness and justice, maintain our socialist legal system of perfect structure, safeguard the socialist harmonious stability and unity, play a reprieve restrictions on commutation system legislation.In this paper, through the analysis of the value and attribute reprieve restrictions on commutation system, defines the restrictions on commutation of the judicial application condition and scope of the crime, and whether to rehabilitation of commutation restrictions, and puts forward some suggestions on the existing problems.