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Practical Problems And Counter-measures Of Commutation System

Posted on:2016-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:X J MaFull Text:PDF
GTID:2296330464460527Subject:Law
Abstract/Summary:PDF Full Text Request
Commutation is the criminal policy of punishment with leniency in cash out of the penal system applicable, the set of a system to punish criminals and reduce social risk offenders, good for the rehabilitation of offenders indicate a direction for the prison administration at the same time to provide a more effective incentive measures. Commutation system may encourage the offender aware of their crimes very well, repent of bad behavior to positive transformation, prompting it can leave prison as soon as possible and return to re-live the social environment, open a new chapter in life. The rapid development of China’s commutation system, through breeding, growth, improvement, four stages of maturity. The need for joint action commutation applicable substantive law and procedural law. At present, China Penalty Reprieve, standardization and other facilities sentencing theory continues to mature, along with the introduction of a number of normative documents, judicial interpretation, for our remission system practiced law impartial, specifications provide favorable support. But there are still many deficiencies caused many miscarriages of justice and judicial corruption, affect the play of its value, the function is implemented. Commuted as a reward mechanism is a good performance reward criminals, while in practice more attention is applicable commutation criminals execution process transformation, ignoring its main social role aftermath constraints force is obviously insufficient, resulting in sentences commuted offender recidivism after release probability is too high, a complete departure from the original intention of the commutation. So China’s commutation system needs further improvement to form a scientific and reasonable commutation mechanism to maximize the value of the penalty. The writer counted Shenyang Intermediate People’s Court case of 1838 cases of remission in the second half of 2014 and found that some of the problems that exist in commutation applicable through research, through the commutation of the basic theory, practice the status law as well as the extraterritorial application of the commutation system research, mainly commutation system for US law countries, civil law countries and Taiwan’s Introduction and Commentary, hoping to learn from their good system for the Improvement of commutation system to find out the direction of the reference theory commutation system conversion extraterritorial commutation system, learn to identify the problems and deficiencies of the commutation system applies exist, then combined with extraterritorial commutation system can learn that future development direction of China’s reform and commutation system, specific measures to improve commutation of sentence reduction system, to enhance the specification commutation system is implemented in all aspects of normative. However, our commutation system is system with Chinese characteristics, so its development and improvement should be based on basic national conditions, not copy outside the system, to a reasonable draw, it is more in line with China’s excessive temper justice with mercy criminal policy, so that the execution of sentences of more standardized.
Keywords/Search Tags:Commutation System, Commutation Standard, Punishment, Resocialization
PDF Full Text Request
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