The Application And Perfection Of The Reprieve Limited Commutation System

Commutation limit is China’s ‘Criminal Law Amendment(eight)’for a reprieve added new content system. Although the criminal provisions of the applicable conditions of the system, but the specific operational restrictions applicable commutation of the execution time of the object and still need to be further clarified. Therefore, this paper aims to improve both the legislative and judicial application, the proposed path perfect reprieve limit commutation system.Apart from the introduction and conclusion, is divided into four parts, totaling more than 30,000 words.The first part, the basic theory of commutation limit reprieve system. Reprieve limit commutation system is part of the death penalty system is in death row executions immediately adds a new level between discretionary execution. Limit established reprieve commutation system reflects the criminal policy of combining punishment with leniency, the adjustment is not conducive to a balanced penalty structure, further strict control of capital punishment policy, and promote social harmony and stability.The second part of the judicial reprieve commutation limit applies. First through the 200 sample cases empirical analysis shows that our current judicial reprieve commutation limit applicable to the specific situation. Secondly, the restrictions set forth reprieve commutation conditions applicable objects. Constitute recidivism, and comprehensive after its former crime and the nature of the crime, seven criminal provisions stipulated refers to crime; organized violent crime is defined by three or more composed, exist in a given period, in order to implement Serious organized crime special structure common crime. Again, a clear idea of limiting commutation discretion. Suspended death sentence is a prerequisite for integrated liberal plot and strict plot, and harmful to society as a starting point to examine the behavior of human dangerousness, determine whether to restrict commuted. Finally, the death immediately distinguish the commutation and reprieve limit discretion, emphasized under the premise of extremely serious crimes, focusing on liberal plot extraction and application of criminal behavior in social harm, dangerousness than "crime is extremely When less serious " limit the magnitude of a small amount of leniency plot can decide commutation limit applies reprieve.The third part, the existing problems reprieve limit commutation system. On the one hand reflected in the judicial application, such as the judicial application of chaos; a fact to some extent, relief evidence of defects. On the other hand reflected in the legislation, such as overly broad judicial discretion; penalty execution when empty; the transformation is not conducive to the rehabilitation of offenders; applicable charges narrow; commutation limit for older reprieve did not commit plus special consideration.The fourth part, perfect reprieve limit commutation path system. Given the limitations of reprieve commutation system problems raised were perfect from the following seven aspects: First, follow the clear legislative perfection, Modesty, flexible principle; the second is in the administration of justice in strict compliance with the principle of legality; the third is freedom norms judge discretion; four is clear commutation limit enforcement procedures; five additional restrictions in the right to re-commutation system; six is a reasonable limit to expand the scope of commutation; seven is to emphasize caution for older offenders commutation limit.