Restrictions Commutation System About Reprieve Guilty

"Criminal law amendment (eight)" established the restrictions commutation system about reprieve guilty, this system is targeted at specific crime for a perfect system of death, but also to the development of the reprieve system of death penalty. The restrictions commutation system about reprieve guilty belongs to reprieve system of death penalty. It is the default of the judgment about implementation of changes to the original sentence. At the same time, commutation is an execution system, It is a change to the original execution. This system has many features, such as charges identified, targeted; select applicable; can not be revoked; refined suspended, balance system and so on.There has been a question of the death penalty, it is "health punishment is too light, the death penalty overweight". It doesn’t have a transition between death immediately and the reprieve system of death penalty. In this regard, we need to refine the system, strengthen the criminal punishment of Health, to ease the contradiction about "life and death are two different worlds". This system is a measure to solve the problem.It not only help alleviate the " health punishment is too light, the death penalty overweight " problem, but also conforms to the protection of human rights and the abolition of the death penalty international development trend, in addition, it applies the principle of suiting punishment to crime, ensure the punishment of offenders and crimes considerable. This system can also guide people’s idea of the death penalty and changing their views on reprieve system.Any system can not be perfect, absolutely can not be one size fits all, so this system there are still some problems, we need to be improved and perfected. The prerequisite for the correct application of the system is proper use of the reprieve system of death penalty and the death immediately. Applicable standard uncertainty increased the difficulty of applying this system. Moreover, in the area of legislation, there are many problems that we can explore, such as limited range guilty reprieve commutation system applicable to narrow, limiting guilty reprieve commutation system irreversibility problem. For these problems in this paper, the author made the following assumptions:First, to define the applicable standard, restricting the discretionary power of judge. In judicial practice, we must abide by the principle of a legally prescribed punishment. Meanwhile appropriate to relax the irreversibility of this system, discussing the feasibility of extending the scope of the system.