The Improvement Of The Commutation System

Commutation refers to the good performance according to the criminal in prison shorten appropriately within the legal limit has yet to implement punishment. Commutation system refers to the state formulates about commutation condition, the increase in amplitude procedures such as a system. Commutation system on personal danger theory, the idea of individualized theory, education of execution punishment, the concept of human rights as the theoretical basis, is the important content of modern system of execution. In our country, the commutation system is generally applicable to the execution of punishment, to encourage criminals penitence earnestly, positive transformation, reducing the disadvantages of long prison terms to cause is of great significance.Given the importance of commutation system in in punishment execution, countries pay more and more attention to the legislation on commutation system. Involved in commutation system entity law and judicial interpretation of legislation of "criminal law", "prison law", in 2012 the supreme people’s court on the law of the concrete application case to handle the commutation and parole provisions on some issues of, such as procedural legislation by the criminal procedure law, the prison for commutation and parole procedures work regulations, etc., the other in January 2014, the central committee issued "on strictly regulate commutation and parole, the opinions of the temporary execution outside prison to prevent the judicial corruption, emphasizes to strengthen the supervision of case should be reduced and then releasing the supreme people’s court, the supreme people’s court of the supreme people’s court on commuted trial procedures provisions, the supreme people’s procuratorate to deal with the regulation of commutation and parole case", the justice department to the prison to commutation parole procedures provisions were modified, and further improved the commutation system from the application level.Although the state has always been and attach great importance to the legislation of commutation procedure, with the development of the practice continuously to perfect sentences related laws and judicial interpretations, but current commutation system in our country there are still some deficiencies, for example, on the concept, heavy entity light procedure, individual rights idea weak, etc.; On the entity, the limit of commutation is too broad, lack of commutation revocation system, etc.; On the program, the court trial is not set special commutation trial, prosecutors supervision such as weak. The problems and defects easy to cause judicial corruption, damage the judicial authority and credibility, hit the enthusiasm of the reform of prisoners, and the implementation of the penalty purpose, therefore, needs to be perfect in terms of idea, the entity, procedure and prompt punishment execution work more fair and transparent.