The Reprieve System In China

Death sentence with reprieve is refers to the criminals should be sentenced to death, ifnot have to executed immediately, can be sentenced to death at the same time declared atwo-year suspension of execution of a death penalty execution system. A suspended system isone of China’s original, tell from the nature of China’s probation system is a kind of probation.As an important criminal law system, its reasonable existence is the social basis of mainlydisplays in three aspects: politics, economy and culture.Application of suspended deathsentence is helpful to carry out the criminal policy of tempering justice with mercy, achievethe double penalty purpose and is helpful for maintaining the fairness and justice of law andprotect human rights.According to the provisions of the criminal law, the applicable conditions is should besentenced to death but not must be executed immediately. Was sentenced to death penaltywith suspension of execution of the criminal sentence, by the higher people’s court in the landof prisoners according to examination, prison management authority ruled writtenrecommendation at the same level. Be applicable death criminals because of its differentperformance during a two-year suspension of execution have different results, or immediatelyexecuted, or reduced to life imprisonment or fixed-term imprisonment.“Criminal lawamendment (eight)” rules on the suspended limit commutation system, relieves the penaltysystem in our country focuses on" the death penalty, penal lighter "phenomenon. Applicabledeath limit commutation system adapted to adhere to the principle of a legally prescribedpunishment, for a principle, adhere to the principle of beneficial to carry out the policy ofdeath penalty. Suspended limit commuted applicable scope includes three conditions: thelimitation on the sentenced to death penalty with suspension of execution recidivismcommutation; For seven kinds of concrete criminal was sentenced to death penalty withsuspension of execution criminal limit commutation; The death sentence of the organization’sviolent crime criminal restrictions were reduced.Although the “criminal law amendment (eight)”changed it on suspended system, suspended system there are still some problems in our country. Death, for example,applicable conditions vague; Suspended the change for the immediate execution of a deathpenalty conditions too broad; Suspended test period is not reasonable; For no intentionalcrime but have rendered meritorious service processing is not reasonable. Therefore, Chinesecriminal law should be further clear the applicable conditions of death, for death to death forthe immediate execution of a death penalty conditions change during the intentional crime besentenced to fixed-term imprisonment of not more than five years; A longer suspended testperiod; Distinguish between suspended during a general contributions and merit neitherintentional crime nor the plot of the processing, etc.