Defect And Perfection Of The Theory System Of Death Sentence With A Reprieve

The abolition of the death penalty is a trend of modern development ofpunishment. China retains the death penalty, but its application is strictly limited dueto the policy of limiting the application of death penalty. In addition to the charges ofdeath penalty reduction, the restrictions on the death penalty is also can be completedby reducing the death penalty execution. Death sentence with a reprieve is an originalsystem of punishment in China, as a special execution system of death sentence, it notonly retains the possibility of execution, but also limits the practical implementationof the death penalty, so it has the vital significance to our country’s penalty system.However, there are many defects exists in our country’s reprieve system, theapplicable conditions are not clear, the terms of sentencing into the death penalty areunreasonable, and the conversion time is unscientific, it does not embodied that theprisoner had performed meritorious service during the correction process, therequirements for the major meritorious commutation are absolute, and the litigationdoes not clear when the crime and significant meritorious both exist in the same case,those defects have influenced its functions.We should be based on the theory of justification of punishment and criminalpolicy to perfect the death sentence with reprieve. The conditions of its application inlegislation should be clear, redesign the conditions of turning into the death penalty,perfect the commutation system of death sentence with reprieve, and so on. Onlytaking these measures, the reprieve system can play a better role on limiting theexecution of death penalty.