Study On Limit Commutation Applied In The Suspended Death Sentence System

Restriction of System for Reducing Sentences is a newly and an extremelycreative law system of criminal law, it reflects the constraints of implementation ofspecific criminal penalty reprieve by the people’s court, and also it is an importantpart of the implementation system. The establishment of Restriction of System forReducing Sentences supplies a gap for the imbalance of our capital punishment,which is “while the penalty is too heavy, the alive penalty is too slight”. By improvingthe severity of reprieve, it achieves the orderly convergence of alive penalty and deathpenalty, and thus contributes to our country’s criminal policy which is temper justicewith mercy. On one hand, it reduces and restricts the applying of the immediateexecution of the death penalty, and at the same time promote the implementation ofthe “less penalty, cautious penalty”, while it also laid the foundation for theinternationalism of China’s death penalty system. On the other hand, it pressured thecriminal offense, giving full play to the function of penalty punishment, and calmingthe victim side’s revenge mood. Thus, it eases social conflicts and achieves theorganic unity of legal and social effects. The implementation of Restriction of Systemfor Reducing Sentences not only involves the major personal rights of offenders, andalso could bring bad impacts on the specific prevention functions with improper apply.Thus, how the court accurately implements Restriction of System for ReducingSentences is quite valid. Firstly, the court should grasp objects adhere to theconditions of limitation for the principle of legality, then, on the basis of criminalculpability adapting to the principle of good conditions, we should keep in mind ofthe conditions of reducing penalty. At the same time, the court should commute thesystem in application, also strictly observe the proceedings, giving some relief to therights of the accused. We should also pay attention to the deficiencies when thissystem has just started. There is some value conflict of the Restriction of System forReducing Sentences: For the object of the conditions, its scope is too narrow, becauseit has not involve the endangering public safety, food safety and crime and corruption;also, the organized violent crime is unclearly defined, and it is too general for theprovisions of recidivism. Another weakness is that it is also too general and vague forthe commutation substantive conditions and should be more clearly defined.Moreover, there are some limitations of the process conditions and order should beemphasized on the regulation design. Therefore, in order to make sure that Restrictionof System for Reducing Sentences can play its role in specific functions of committedreprieve, and to achieve the purpose of punishment special precautions, furtherresearch and improvement should be made.