Study Controversial Issues About Restrictions On Commutation Of Suspended Death Penalty

In this paper, I will study three typical controversial issues about restrictions on commutation of suspended death penalty. The first section is applicable object of it. For special recidivism, restricting the commutation entirely is unreasonable. For general recidivism, the following factors should be considered when decide whether to restrict commutation:"whether the former crime and the later crime are the seven kinds of crimes which are ruled in the second paragraph of article 50 of the criminal law, whether the former crime and the later crime are violent, whether the former crime was sentenced to fixed-term imprisonment of more than ten years, whether the former crime and the later crime are same or similar(especially whether the criminal conduct drug crime again), the former crime is one or multiple, the interval between the former crime and the later crime is short or long. " None was sentenced to restrictions on commutation due to organized violent crime in judicial practice. I do deem that, organized violent crime means more than three people whose division of labor is clear conduct such violent crime:violate property, health, life, or freedom. And violence includes intangible violence such as serious mental violence. Intentional murder, rape, robbery, kidnapping, arson, explosion and dissemination of hazardous substances mean seven kinds of concrete behavior rather than seven concrete accusations. Finally, intentional injury and endangering public security should be included in the system of the restrictions on commutation of suspended death penalty. The second section is applicable conditions of restrictions on commutation of suspended death penalty. Criminal plots broadly include:there are other crimes bofore the former crime, the former crime is severe, the former crime is multiple, the former crime is violent crime, the former crime belongs to seven kinds of concrete crimes or organized violent crime, the reason for crime, the crime age, major criminal, premeditated crime, means is extremely cruel, amounts involved is large, conduct drug crime again, recidivism, the consequences of crime is serious, no repentance, no active compensation for the victim, the victim did not forgive. "Decide at the same time" indicates that lawmaker tend to limit the commutation of those criminals who were sentenced to suspended death penalty owing to recidivism, seven kinds of concrete crimes or organized violent crime.The third section is the execution of restrictions on commutation of suspended death penalty. Firstly, restrictions mean restricting the range of commutation rather than the times of commutation. Secondly, make a custom-tailored transformation scheme for each criminal. Moreover, the scheme should pay attention to the difference between male and female. Finally, revoke the restrictions on commutation when it is necessary.